As used in the Uniform Judicial Interview of Children Act:
§ 3402.Uniform Judicial Interview of Children Act - Definitions
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceDefines the fourteen terms the Uniform Judicial Interview of Children Act uses, including "covered proceeding," "judicial interview," "judicial officer," and "views," setting out which custody-type cases and Hague Convention abduction cases the act reaches and what a private judicial interview involves.
Full Text of § 3402
1. "Child" means an unemancipated individual who is under eighteen (18) years of age and includes an adult who, because of physical or mental incapacity, is the subject of a covered proceeding;
2. "Child's attorney" means an attorney who provides legal representation for a child in a covered proceeding;
3. "Court" means a tribunal authorized by law to adjudicate a covered proceeding;
4. "Covered proceeding" means:
a. a civil judicial proceeding relating to a child to determine any of the following:
(1) legal or physical custody,
(2) parenting time or visitation,
(3) relocation,
(4) nonparent custody or visitation,
(5) private adoption,
(6) guardianship or conservatorship, or
(7) any other matter involving custodial responsibility, or
b. a proceeding under the International Child Abduction Remedies Act, 22 U.S.C., Section9001 et seq., as amended;
5. "Guardian ad litem" means an individual who is appointed by the court to represent a child's best interest in a covered proceeding;
6. "Interview record" means a record of a judicial interview;
7. "Judicial interview" means communication not under oath or affirmation between a child and a judicial officer in a covered proceeding through which the judicial officer elicits the child's views;
8. "Judicial officer" means a judge or other individual who is authorized by law to:
a. conduct a covered proceeding and make or recommend a final decision in the proceeding, and
b. conduct a judicial interview;
9. "Party" means a litigant with a direct interest subject to adjudication in the covered proceeding and does not include a child who is the subject of the proceeding;
10. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;
11. "Record" means information:
a. inscribed on a tangible medium, or
b. stored in an electronic or other medium and retrievable in perceivable form;
12. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe;
13. "Testimony" means evidence provided by a witness under oath or affirmation; and
14. "Views" means wishes, preferences, or perspectives. The term includes a child's objection to being returned in a proceeding under the International Child Abduction Remedies Act, 22 U.S.C., Section9001 et seq., as amended.
Amendment History
Added by Laws 2026, c. 298,s. 2, eff. 11/1/2026.
Plain-English Summary
Section 3402 sets up the act's scope through its definitions. A "covered proceeding" reaches most family-court disputes over a child: legal or physical custody, parenting time or visitation, relocation, nonparent custody, private adoption, guardianship or conservatorship, and any other matter of custodial responsibility, plus proceedings under the International Child Abduction Remedies Act. A "child" includes anyone under eighteen who isn't emancipated, and also an adult who is the subject of a covered proceeding because of a physical or mental incapacity.
The core concept is the "judicial interview" -- communication, not under oath, between the child and a "judicial officer" through which the officer draws out the child's "views," meaning the child's wishes, preferences, or perspectives. That's distinct from "testimony," which the act defines as evidence given under oath. The "interview record" is the record made of that interview, and a "party" for these purposes never includes the child -- only a litigant with a direct stake in the outcome.
Frequently Asked Questions
What counts as a "covered proceeding" under this act?
Civil judicial proceedings deciding custody, parenting time or visitation, relocation, nonparent custody, private adoption, guardianship or conservatorship, or other custodial-responsibility matters, plus proceedings under the International Child Abduction Remedies Act.
What's the difference between a "judicial interview" and the child "testifying"?
A judicial interview is communication between the child and the judicial officer that isn't under oath or affirmation; testimony, by contrast, is evidence given under oath or affirmation.
Does the definition of "child" include adults?
Yes, in one situation: it includes an adult who is the subject of a covered proceeding because of a physical or mental incapacity, in addition to any unemancipated individual under eighteen.
Is the child considered a "party" to the case?
No. The definition of "party" specifically excludes a child who is the subject of the proceeding.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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