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What's the Best Approach to a Social Early Neutral Evaluation in a Minnesota Divorce or Child Custody Case?
The Social Early Neutral Evaluation, or "SENE", was started in Hennepin County several years ago, and has since been adopted in Ramsey County, and increasingly in other counties in the State of Minnesota. It has become the norm in most contested custody and parenting time cases.
Essentially, a Social Early Neutral Evaluation is similar to mediation in that it is a form of alternative dispute resolution that is voluntary and non-binding. The difference is that with ordinary mediation, the mediator generally will not take a position. Whereas the evaluators presiding over an Social Early Neutral Evaluation are specifically tasked to give their recommendations, as a way to help the parties reach a settlement.
Typically the Social Early Neutral Evaluation will involve both parties, both attorneys, and two court-appointed custody evaluators. Usually three hours is blocked for a session. During the session, each party (and his or her attorney) is given the opportunity to explain what they would like for a custody and parenting time arrangement, and why. Questions from the evaluators are asked and answered. Then there is a break while the evaluators confer. Then the meeting reconvenes and recommendations are given and explained, whereupon the parties discuss settlement.
Generally, it is a very good program, resulting in settlement rates in excess of 50%.
The big warning I have is this: years ago, when the program started, the idea was that the evaluators would give their opinion of how they would likely decide the case in a full-blown custody evaluation, based on the facts learned in the Social Early Neutral Evaluation. This honest appraisal of how a months-long custody evaluation would likely turn out is what helped parties to settle their cases.
More recently, however, I have noted a shift to where, in my opinion, the evaluators make assessments of how the case will most likely settle, and tailor their recommendations to that assessment. This results in more settlements overall, but at the cost of many which are not in the best interests of the children. In light of this, it is very important not to give the impression that you are willing to settle for something that is contrary to the children’s best interests. In your pitch to the evaluators, tell them what you consider to be the arrangement that is in the children’s best interests, and why - not just what you would be willing to settle for; because if that’s your approach, that’s very likely what the evaluators will take as your starting point, and your children will be the ones to suffer for it, by having to live with an arrangement that is not in their best interests.
Also, always remember that the Social Early Neutral Evaluation process is non-binding. Don’t feel pressured into agreeing to an arrangement that you know to be contrary to the children’s best interests. The process is confidential, and your rejection of a the evaluators’ recommendations will not be known to the Court or to any future custody evaluator.
* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.
Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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