Minnesota Family Court Attorney
Understanding the Early Neutral Evaluation Program
When parents get a divorce or are involved in a child custody dispute, the family courts may offer an Early Neutral Evaluation (ENE) program. This program is an evaluative study with a focus on giving parents a realistic view of the situation and securing a custody settlement.
For detailed information on the ENE process in Minnesota, please see
http://www.mncourts.gov/district/5/?page=3261
The Social Early Neutral Evaluation (SENE) occurs early in the divorce process when children are involved and is typically, although not always, conducted by one neutral male and female. Other times, just one person conducts the evaluation. During the initial discussion, parties typically are allowed to present their positions on child custody and are encouraged to respond amicably to each other. The ENE team or facilitator may ask questions to clarify some points and gather more information.
Once the ENE facilitator gathers enough information about the situation, they/ he or she will identify some positives and lay out how each party is contributing to the well-being of the children. The facilitator or facilitators will also point out weaknesses in the parties' positions, giving clear reasons why the position should change. This allows the parties to see points of contention and agreement so that they can come up with some viable parenting plan options.
In many cases, the ENE program leads to parenting plan settlements that both parents agree on and that serve the best interests of the children. In cases that do not lead to settlement, than it is reported to the court that there was no settlement and other arrangements are made to resolve the issue, such as litigation. Anything discussed during the SENE process remains confidential.
Financial Early Neutral Evaluation (FENE)
The Financial Early Neutral Evaluation is similar to the social ENE except that it focuses on resolving financial issues rather than child custody and parenting time. The goal is to resolve the financial issue early on in the divorce before parties spend significant time and resources on litigation.
Like in social ENE, the parties tell their side of the story, receiving empathy and feedback from the evaluator. The process then provides an opportunity for settlement.
A Minnesota Family Law Firm Handling ENE Cases
Early Neutral Evaluation is being offered in many Minnesota counties, with each county having a little different process. It is important to discuss with an attorney the specifics of the ENE program in your county.
Our family law attorney, Sharon Herland Ysebaert is certified as both a mediator and arbitrator. Using her experience in this realm as well as her more than 23 years of legal experience, she will guide you through the ENE process. Although she is on the Dakota County roster as a lawyer able to handle SENE/FENE cases, she can represent clients throughout the metro.
Contact Us
For more information about the ENE program in family court, contact a lawyer at Eastlund, Solstad, Cade & Hutchinson, in Savage, Minnesota.
Please visit our Family Law FAQ.