Early Neutral Evaluation of Parenting Issues
The advent of early neutral evaluation is a major benefit to families because it offers an alternative to legal wrangling and the huge emotional and financial costs of divorce. Litigation puts families in an adversary process which is the worst possible alternative for parents and children. It is costly and it creates long lasting anger and hostility when parents are encouraged to focus on the other parent’s deficiencies rather than the other parent’s strengths. Litigation is harmful to children because while the focus is supposed to be on the best interests of the children, divorce litigation becomes a battleground over children and property. Early neutral evaluations focus on parenting arrangements and parenting issues in an informal setting where the parents can talk about their children with experts. It offers parents a way to discuss and resolve parenting issues in a constructive non adversary forum. It intercepts parents before the filing of affidavits which attack or belittle the other parent in an attempt to “win” custody of the children.
Some attorneys don’t like early neutral evaluation because it is informal and they are concerned that clients agree to things out of emotion. However, when the end result of the early neutral evaluation is weighed against the emotional and financial costs of litigation, it seems clear that the overall best interests of the family are well served by the process. Parents are more likely to honor their agreements, unlike orders that are imposed upon them against their will. If both parents enter the process truly focused on the best interests of their children, those interests are more likely to be addressed because each parent’s concerns can be heard and resolved with the help of experts. The problem solving, constructive approach to addressing how the children can live in separate households free of anger is an attainable result if the parents are truly committed to making the best life they can for their children who have to adjust to the consequences of a divorce and being able to live with only one of their parents at a time. Early neutral evaluation is a far superior forum than a presentation through testimony and rules of evidence to a judicial officer and the enormous costs that attach to the preparation and presentation of parenting issues to the court. Too often money is spent on the legal process that is needed by parents who are trying to support two households instead of one. Litigation can cause parents to waste sums sufficient to provide for the higher education of the children. Children of divorce need and deserve the best effort of each parent to find a peaceful resolution of any difference. This includes the exploration and utilization of constructive problem solving ways to end a marriage and create separate households without the anger, hostility and bitterness that protracted ligation often entails. Early neutral evaluation offers a wonderful solution for conscientious and caring parents.
Written by: Kathleen W. Kissoon
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