Cook v. Cook

Plaintiff argues convincingly that the trial court committed reversible error in privately questioning the minor child over plain tiff’s objection and despite a specific request from plaintiff that any testimony taken from the child be taken in the presence of the parties. In a court proceeding all parties are entitled to be present at all of its stages so that they may hear the evidence and have an opportunity to refute it. N.C. Const. Art. I, § 35. Our Supreme Court has upheld this constitutional right in a custody proceeding. See Raper v. Berrier, 246 N.C. 193, 97 S.E. 2d 782, where the…