Legal Question in Family Law in Idaho

Re: Motion for private interview with the judge for minor children

I do not practice in Idaho, so you will need to confirm that my answer conforms with Idaho law.

In my jurisdiction, the judge can interview the child in chambers but is not required to, and is not required to follow the child's wishes. I assume the person who did the evaluation was a court-appointed guardian ad litem who represents the children's best interest. Very likely, the counselor or person who did the home study is supposed to file a report to the court, and perhaps also make recommendations. An official recommendation would, I think, carry more weight than a letter to the judge. The counselor could include in the report to the court a recommendation that the children be allowed to talk to the judge because: the children expressly requested the opportunity to talk directly to the judge, the counselor believes the children understand their situation, they understand that what they say to the judge could have certain ramifications (such as changing schools), that they believe what they want is in their best interest, and they are capable of understanding what their best interests are. "I wanna live with ____ all the time" just won't do the trick. They'll need to be prepared to say why, how it will benefit them, how they see the parenting arrangement with the other parent, etc.