A. The judicial officer shall permit a party, the child's attorney, and the guardian ad litem to propose questions in a record for the judicial interview. The judicial officer shall determine the questions asked of the child.
§ 3405.Uniform Judicial Interview of Children Act - Conduct of Judicial Interview - Proposed Questions - Interview Record - Attendance - Explanation to Child
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceRequires the judicial officer to let parties, the child's attorney, and the guardian ad litem propose interview questions while the officer decides which get asked, to make an interview record, to bar parties and their attorneys from attending, and to explain the process to the child beforehand in age-appropriate terms.
Full Text of § 3405
B. The judicial officer shall require an interview record to be made.
C. The judicial officer shall permit the child's attorney and guardian ad litem to attend the judicial interview in person.
D. The judicial officer shall not permit a party or the party's attorney to attend the judicial interview.
E. If all parties agree, the parties may stipulate on the record that they waive access to the interview record. A stipulation shall not be valid unless approved by a judicial officer. The judicial officer may not approve a stipulation unless each party stipulates that the party waives any right to access the interview record, to be informed of communication by the child during the judicial interview, and to respond to the child's communication. Unless otherwise stated in the stipulation, a stipulation under this section precludes access to the interview record by the parties in a future covered proceeding, including an appeal.
F. Before starting the judicial interview, the judicial officer shall explain to the child in an age-appropriate manner information about the judicial interview, including:
1. That the child is not required to answer the judicial officer's questions;
2. That the child's views will be considered but the judicial officer is the decision-maker;
3. That an interview record will be made;
4. Whether any individual will be observing or listening to the judicial interview in real time;
5. Whether the interview record will be provided to the parties; and
6. That the judicial officer under other law of this state may be required in some circumstances to share with another person the child's communication.
Amendment History
Added by Laws 2026, c. 298,s. 5, eff. 11/1/2026.
Plain-English Summary
Section 3405 governs how the interview itself runs. The judicial officer must let a party, the child's attorney, and the guardian ad litem propose questions in advance, in a record, though the officer alone decides which questions get asked. An interview record must be made, and the child's attorney and guardian ad litem may attend in person -- but a party or the party's own attorney may not.
If every party agrees, they can stipulate on the record to waive access to the interview record, but that stipulation needs the judicial officer's approval, and the officer can't approve it unless each party gives up the right to access the record, to learn what the child said, and to respond to it. Unless the stipulation says otherwise, that waiver blocks access in any future covered proceeding, including an appeal.
Before the interview starts, the judicial officer must explain to the child, in age-appropriate terms, that the child doesn't have to answer, that the officer -- not the child -- makes the final decision even though the child's views count, that a record will be made, whether anyone will be watching or listening live, whether the parties will see the record, and that other law might sometimes require the officer to share what the child says.
Frequently Asked Questions
Can my lawyer suggest questions for the judge to ask my child?
Yes. The judicial officer must permit a party, the child's attorney, and the guardian ad litem to propose questions in a record, though the judicial officer alone determines which questions get asked.
Can I be in the room when the judge interviews my child?
No. Section 3405 requires the judicial officer not to permit a party or the party's attorney to attend the judicial interview.
Who is allowed to be in the room during the interview?
The child's attorney and the guardian ad litem, whom the judicial officer must permit to attend in person.
Can the parties agree not to see what the child said?
Yes, if all parties stipulate on the record to waive access, and a judicial officer approves the stipulation only after each party gives up the right to access the record, be informed of the child's communication, and respond to it.
What does the judge have to tell my child before the interview starts?
In age-appropriate terms, that the child needn't answer, that the judge decides the case but will consider the child's views, that a record will be made, who may be observing, whether the parties will get the record, and that the judge may sometimes have to share what the child says under other law.
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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