Mont. Code Ann.
» TITLE 40. FAMILY LAW · CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT · Part 2. Support, Custody, Visitation, and Related Provisions
Notes of Decisions
Cited in
23
cases (
1 in the last 5 years), 1979–2026 · leading case:
In re T.N.-S., 2015 MT 117 (Mont. 2015).
In re T.N.-S., 2015 MT 117 (Mont. 2015).
· cites it 16× “Section 40-4-214, MCA. We specifically cited to the commissioners’ note to that statute, which states: The general rule is that the judge may interview the child in chambers.”
In re Declaring M.L.H., 715 P.2d 32 (Mont. 1986).
· cites it 15× “That reasoning is best set forth in the commissioner’s note to Section 40-4-214, MCA, which provides: “This section .”
In re the Parenting of N.S., 2011 MT 98 (Mont. 2011).
· cites it 14× “in chambers in accordance with §40-4-214, MCA. The court recorded the interview and made it part of the record in this case.”
In re Williams, 425 P.3d 1277 (Mont. 2018).
· cites it 3× “" Section 40-4-214(1), MCA (emphasis added).”
In Re the Marriage of Drake, 2002 MT 127 (Mont. 2002).
· cites it 8× “¶17 It should be noted that under § 40-4-214(1), MCA, the court could have interviewed the children to determine their wishes.”
Hood v. Hood, 2012 MT 158 (Mont. 2012).
· cites it 7× “In addition, we have stated that while ‘it is often important for the judge to discover the attitudes and wishes of the child,” “[n]othing in §40-4-214, MCA, requires the court to give the parties an opportunity to cross-examine the child.”
In Re the Marriage of Bolt, 854 P.2d 322 (Mont. 1993).
· cites it 6× “James also contends that the District Court should have interviewed the children in order to determine their wishes as to custodial care.”
Czapranski v. Czapranski, 2003 MT 14 (Mont. 2003).
· cites it 2× “¶24 Likewise, § 40-4-214(1), MCA (1997), granted the District Court in this case similar discretion while including a similar mandate: The court may interview the child in chambers to ascertain the child’s wishes as to residence and parental contact. The court may permit counsel…”
Bier v. Sherrard, 623 P.2d 550 (Mont. 1981).
· cites it 3× “Section 40-4-214(2), MCA, provides: “(2) The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis.”
In Re the Marriage of Hickey, 689 P.2d 1222 (Mont. 1984).
· cites it 3× “” We find the preferences of the children were considered. The youngest child, Marie, refused to see her father because she was aware of his violence and expressed much fear.”
In Re the Marriage of Miller, 825 P.2d 189 (Mont. 1992).
· cites it 2× “The court also interviewed all three children pursuant to § 40-4-214, MCA, and found that all three children desired to live with Mr.”
In Re the Custody of Maycelle D., 691 P.2d 410 (Mont. 1984).
· cites it 3× “Section 40-4-214, MCA, provides that the court may interview the child in chambers to ascertain the child’s wishes as to its custodian “and as to visitation.”
— Mont. Code Ann. § 40-4-214(1) — 8 cases
In re Declaring M.L.H., 715 P.2d 32 (Mont. 1986).
“That reasoning is best set forth in the commissioner’s note to Section 40-4-214, MCA, which provides: “This section .”
In re Williams, 425 P.3d 1277 (Mont. 2018).
“" Section 40-4-214(1), MCA (emphasis added).”
Czapranski v. Czapranski, 2003 MT 14 (Mont. 2003).
“¶24 Likewise, § 40-4-214(1), MCA (1997), granted the District Court in this case similar discretion while including a similar mandate: The court may interview the child in chambers to ascertain the child’s wishes as to residence and parental contact. The court may permit counsel…”
Hood v. Hood, 2012 MT 158 (Mont. 2012).
“In addition, we have stated that while ‘it is often important for the judge to discover the attitudes and wishes of the child,” “[n]othing in §40-4-214, MCA, requires the court to give the parties an opportunity to cross-examine the child.”
In Re the Marriage of Bolt, 854 P.2d 322 (Mont. 1993).
“James also contends that the District Court should have interviewed the children in order to determine their wishes as to custodial care.”
— Mont. Code Ann. § 40-4-214(2) — 7 cases
In Re the Marriage of Drake, 2002 MT 127 (Mont. 2002).
“¶17 It should be noted that under § 40-4-214(1), MCA, the court could have interviewed the children to determine their wishes.”
In re T.N.-S., 2015 MT 117 (Mont. 2015).
“Section 40-4-214, MCA. We specifically cited to the commissioners’ note to that statute, which states: The general rule is that the judge may interview the child in chambers.”
Bier v. Sherrard, 623 P.2d 550 (Mont. 1981).
“Section 40-4-214(2), MCA, provides: “(2) The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis.”
In Re the Marriage of Bolt, 854 P.2d 322 (Mont. 1993).
“James also contends that the District Court should have interviewed the children in order to determine their wishes as to custodial care.”
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treatment. Dots show Syfertize treatment of the citing case itself.