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The task of interviewing children whose parents are involved in child custody disputes often falls to judges and attorneys. Sometimes the attorney represents one of the parents, and sometimes the attorney is the child's representative. Most legal professionals who have been assigned the task of interviewing children have little, if any, training in conducting a forensic interview of children. Those who have attended trainings learned about the importance of asking open-ended questions and the potential pitfalls of asking children suggestive, directive, or leading questions. The learning was about how to interview.
What is not often taught is what to interview the children about, rather than how to interview the children. This article focuses attention on the content of child interviewing; that is, it discusses what to talk about with children.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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