Gennarini v. Gennarini

The principal issue in this appeal 1 concerns the propriety of the trial court’s interview in chambers with the seven year old child of the parties, in the absence of the parties and their counsel and over the objection of the defendant. Before the court was the plaintiff’s postjudgment motion for modification of an existing postjudgment visitation order. During the course of the hearing, the court, sua sponte, decided to interview the child. The defendant’s request for both attorneys to be present was denied. The court interviewed the child in chambers with a court reporter present but…