## Facts

- A mother filed for divorce; custody of four children was contested.
- During the divorce trial, the judge conducted in camera interviews of the three oldest children in chambers.
- The interviews occurred without the parents or counsel present, but a court reporter recorded the proceedings and counsel could submit written questions.
- The trial court later awarded custody to the mother.
- The father requested the transcript of the in camera interviews; the trial court denied access, indicating it could be available for appellate review if an appeal were taken.
- The father did not appeal the custody determination and instead sought original jurisdiction and a writ of mandamus to compel release of the transcript.

## Issues

1. What procedures must an Oklahoma trial court follow when conducting in camera interviews of children in custody or visitation disputes?
2. Whether due process requires disclosure of in camera interview transcripts to parents when no appeal is taken from the custody or visitation determination.
3. Whether mandamus lies to compel a trial judge to release an in camera interview transcript under these circumstances.

## Decision

- The court assumed original jurisdiction but denied mandamus.
- The court announced procedural guidelines for in camera child interviews in custody/visitation matters and amended Oklahoma Supreme Court Rule 1.33 to reflect them.
- The court held that, absent an appeal of the custody/visitation determination, due process does not require parents to receive the transcript of an in camera interview sought only to learn what the child said.

## Legal Principles

- Trial courts may conduct in camera interviews of children in custody/visitation proceedings to protect children and aid best-interests determinations.
- Procedural safeguards include recording the interview (e.g., by a court reporter) to preserve a record for possible appellate review.
- Even when counsel are excluded from the interview room, parties must be afforded an opportunity for meaningful input, such as submitting written questions for the court to ask.
- Due process does not require automatic disclosure of in camera interview transcripts to parents when no appeal is filed; the transcript’s principal function is to permit meaningful appellate review.
- Mandamus is an extraordinary remedy and will not issue absent a clear legal duty; where no duty to release the transcript exists in the absence of an appeal, mandamus is unavailable.

## Conclusion

The Oklahoma Supreme Court set required safeguards for in camera child interviews in custody and visitation cases, but rejected a claimed due-process right to obtain interview transcripts when the requesting parent did not appeal the custody decision, and therefore denied mandamus.


Ynclan v. Woodward, 237 P.3d 145 (Okla. 2010)