What to Expect at a Social Early Neutral Evaluation (SENE)?
WHAT TO EXPECT AT A SOCIAL EARLY NEUTRAL EVALUATION?
At the beginning of many child custody or divorce proceedings involving children, many Minnesota Family Court Judges will order the parties to participate in the Alternative Dispute Resolution (ADR) process (unless there are claims of domestic abuse). The two most common forms of ADR used in Minnesota family court proceedings are mediation and the Social Early Neutral Evaluation (SENE). In a traditional mediation, the parties discuss their disputes with the assistance of a trained impartial third person who assists them in reaching a settlement. While in an ordinary mediation, the mediator generally will not take a position regarding how the parties should think about settling their disputes, the SENE process is much different. It is important to know what to expect during the highly structured SENE process.
What is an SENE?
The SENE process was started in Hennepin County several years ago, and has since been adopted in Ramsey County and many other counties throughout the State of Minnesota. For information regarding whether your county has adopted the SENE process, click here. The process is usually commenced at the beginning of a divorce or custody case, with the intent of getting the parties talking about settlement options at the beginning of the process, before they get entrenched in their positions. However, an SENE can be effective in reaching a resolution at any point during the case.
Parties typically participate in the SENE process with their attorneys present. While it is not mandatory that parties retain an attorney prior to the SENE, it is strongly encouraged. This is especially true if the other party has representation, as many unrepresented litigants find themselves agreeing to the other party’s unreasonable proposals that are not supported by Minnesota law.
Unlike a mediation, where one neutral individual facilitates settlement discussions between the parties, the SENE process typically involves two evaluators, one male and one female, who are selected or assigned to your case by the Court. In many counties, one of the evaluators will be an experienced family law attorney, while the other will be a social worker or mental health professional.
You should plan to spend at least three hours at the SENE. The process begins with the evaluators explaining the confidentiality requirements and a high-level overview of the process. Keep in mind that, unless an agreement is reached, the SENE process is completely confidential, and your family court judge will not be informed as to what was said during the process. The person who is the Petitioner in the court case will then begin by telling the evaluators their “story,” and what custody and parenting time arrangement they believe is in the best interests of the children. The evaluators may ask the Petitioner questions throughout their presentation and, if the Petitioner is represented by an attorney, the attorney may help guide the process, as well. Following the Petitioner’s presentation, the Respondent will have a chance to tell their “story.” While the Respondent may be tempted to respond to what they just heard the Petitioner say, it is important for the Respondent not to do this, and to pretend as if they are the first party presenting. Each party will have a chance to respond to the other party’s assertions once they have both presented.
After both parties have told their “story,” the evaluators will leave the room (or go to a separate breakout room if the evaluation is being conducted remotely) and will discuss their evaluation of the case, which typically takes about 15 or 20 minutes. Once the evaluators reconvene and rejoin the parties, they will give you feedback about what they think the judge’s decision would likely be if the case ended up proceeding towards trial. If you are represented by an attorney, you will then have an opportunity to have a brief private consultation with your attorney to discuss the evaluators’ recommendations. If there is a difference between the evaluators’ recommendations and the advice of your attorney, you should listen to your attorney. This is also why it is extremely important to go into the SENE process represented, as the evaluators are not looking out for your interests.
After speaking with your attorney, you will then reconvene with the group, and each party will discuss their positions regarding the recommendations. You can either agree will all of the recommendations, some of the recommendations, or none of the recommendations. If both parties agree with all or some of the recommendations, a partial, temporary, or complete agreement can be submitted to the court. If the parties reach a partial or temporary agreement, this agreement can be submitted to the court. If the parties reach a full agreement, a custody decree will be drafted and submitted to the court, and the case is over. If, however, the parties find themselves at a complete impasse, the court will be informed that no agreement was reached during the SENE, and the parties will either be referred to some other process (such as a custody or parenting time evaluation) or the case will progress towards trial.
So What do I Need to Tell the Evaluators During my “Story”?
There is no right or wrong way to tell your “story” to the evaluators. However, there is certain information that you should include in your presentation of the facts.
It is always a good idea to begin by showing the evaluators a picture of your child. After all, the evaluators will be making recommendations regarding what is in your child’s best interest, so it is helpful for the evaluators to know what the child or children look like. A picture of you and your children together having fun, laughing, or doing an activity will most certainly paint your relationship with them in a positive light.
After introducing the evaluators to your child (through a picture), you should discuss the history of your relationship with the other party. Important information to provide the evaluators include how long you have known each other, how long you were in a relationship, whether there have been any arguments or domestic abuse in the relationship, and why the relationship ended. Remember, this is not the time to simply talk negatively about the other parent. If the other parent has any good or positive attributes, let the evaluators know.
Next, you should introduce your child to the evaluators in more detail. Relevant information includes your child’s personality, day-to-day routine, bedtime, meal schedule, school schedule, religion, and child care arrangements. You should also discuss how each parent has provided care for the child and met the child’s various needs. You should then go into detail regarding any concerns you have with the other parent providing care for the child, such as chemical dependency issues, mental health issues, abandonment, and communication issues.
Lastly, and most importantly, you should provide everyone with a detailed proposal of what you want as far as custody and parenting time. Be specific. Do you want joint legal custody but sole physical custody? Do you want a 50-50 parenting time schedule? An every other weekend schedule with one overnight per week? What specific days do you want each parent to have parenting time? At first glance, the answers to these questions may seem like common sense. However, as demonstrated below, there are a multitude of options, some of which may be better suited for your specific family situation. This is why going into an SENE with an experienced family law attorney is crucial to protecting your rights under Minnesota law, as well as the state and federal Constitutions.
What Parenting Time Schedule Should I Propose? What are my Options?
There is no right or wrong parenting time schedule or custody arrangement. However, there are a few presumptions you should be aware of under Minnesota law. First, there is a rebuttable presumption that joint legal custody is in a child’s best interest. However, if domestic abuse has occurred between the parents, there is a rebuttable presumption that joint legal or joint physical custody is NOT in a child’s best interest. Second, in the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive a minimum of 25 percent of parenting time for the child.
With that being said, here are a few of the most common parenting time arrangements that you can propose during your SENE that meet that presumption:
The 50-50 Week-On/Week-Off Schedule
Like its name suggests, this schedule provides each parent with the children for an entire week, every other week. As this schedule minimizes the number of parenting time exchanges that take place, it can be beneficial if parents live a few hours away from each other. If this is the case, parents could meet half-way between their residences once every weekend to exchange the children. However, with this schedule, the children would go an entire week without spending time with the other parent.
The 50-50 Week On/Week Off with a Midweek Reverse Schedule
Similar to the week on/week off schedule, with this schedule, each parent would have the children for an entire week, every other week. However, unlike the standard week on/week off parenting time schedule, the children under this arrangement would have the opportunity to have a non-overnight with the off-duty parent so they do not have to go an entire week without seeing the parent.
The 50-50 5-2-2-5 Schedule
The 5-2-2-5 Schedule is one of the most commonly utilized 50-50 parenting time arrangements. Under this schedule, each parent has the children from Friday after school until Monday before school, every other weekend. Additionally, one parent would have parenting time every Monday and Tuesday overnight, and the other parent would have parenting time every Wednesday and Thursday overnight.
The 50-50 2-2-3 Schedule
The 2-2-3 Schedule is also very common. With this schedule, each parent would have the children from Friday after school until Monday before school, every other weekend. Each parent would have parenting time on Monday and Tuesday overnight one week, and Wednesday and Thursday overnight the next week. Six transitions take place every two weeks, with the children never going more than three days without seeing the other parent. This schedule is typically more appropriate for younger children, who cannot go too many days without seeing the other parent. Teenagers typically do not like this schedule, as the number of transitions can make it burdensome.
The 57%-43% Schedule
With this schedule, each parent has the children from Friday after school until Monday before school, every other weekend. The parent receiving 43% of the parenting time would also have overnight parenting time every Tuesday and every-other Thursday. On a two-week schedule, the primary parent would have the children 8 out of 14 overnights, while the other parent would get 6 out of 14 overnights. The children would not go more than 4 days without seeing the other parent, and there would be 8 transitions during the two-week cycle.
The 64%-36% Every other Weekend Plus One Schedule
With this schedule, each parent would have the children from Friday after school until Monday before school, every other weekend. The parent receiving 36% parenting time would be entitled to one extra overnight every week, as well. The primary parent would have the children for 9 out of 14 overnights, while the other parent would have 5 out of 14 overnights during the two-week rotation. The children would not go more than 4 days without seeing the other parent, and there would be a total of six transitions during the two-week cycle.
The Bare Minimum
As stated above, there is a presumption in Minnesota that each parent is entitled to at least 25% parenting time. With this schedule, the non-primary parent would get 29% parenting time, just barely meeting that requirement. Each parent would have the children from Friday after school until Sunday evening. The non-primary parent would also have one overnight every week. The primary parent would have the children for 10 out for 14 overnights, while the other parent would only get them for 4 out of 14 overnights. However, even under this bare minimum schedule, the children would not go more than 4 days without seeing the other parent. There are a total of six transitions during the two-week cycle.
The Out of State Schedule
If parents live far away from each other, the above parenting time schedules may not be feasible or child-friendly. In these situations, the non-primary parent could have the children every weekend from Friday to Sunday or, in the alternative, every three out of four (or two out of three) weekends, with more time during the summer or school breaks.
Another option for parents that live extremely far away from each other is for the non-primary parent to have parenting time every Thanksgiving break, half of Christmas break, all of spring break, and 4-12 weeks during the summer.
CONCLUSION
The Social Early Neutral Evaluation is a highly structured process. Over 70% of all cases are resolved in this process or a similar process. With that being said, it is a good idea to retain an experienced child custody or parenting time attorney to help you throughout the process. It is important to come to the table (or Zoom screen) fully prepared, and an attorney can most certainly help in that regard. If you are starting the divorce or child custody process and have a Social Early Neutral Evaluation on the horizon, contact the experienced child custody and divorce attorneys at RAM Law PLLC to schedule your free consultation.