§584-13  Pretrial recommendations.  (a) 
On the basis of the information produced at the pre-trial hearing, the judge
conducting the hearing shall evaluate the probability of determining the
existence or nonexistence of the father and child relationship in a trial and
whether a judicial declaration of the relationship would be in the best
interest of the child.  On the basis of the evaluation, an appropriate
recommendation for settlement shall be made to the parties, which may include
any of the following:



(1)  That the action be dismissed with or without
prejudice;



(2)  That the matter be compromised by an agreement
among the alleged father, the mother, and the child, in which the father and
child relationship is not determined but in which a defined economic obligation
is undertaken by the alleged father in favor of the child and, if appropriate,
in favor of the mother, subject to approval by the judge conducting the
hearing.  In reviewing the obligation undertaken by the alleged father in a
compromise agreement, the judge conducting the hearing shall consider the best
interest of the child, in the light of the factors enumerated in section
576D-7, discounted by the improbability, as it appears to him, of establishing
the alleged father's paternity or nonpaternity of the child in a trial of the
action.  In the best interest of the child, the court may order that the
alleged father's identity be kept confidential.  In that case, the court may
designate a person or agency to receive from the alleged father and disburse on
behalf of the child all amounts paid by the alleged father in fulfillment of
obligations imposed on him; or



(3)  That the alleged father voluntarily acknowledge
his paternity of the child.



(b)  If the parties accept a recommendation
made in accordance with subsection (a), judgment shall be entered accordingly.



(c)  If a party refuses to accept a
recommendation made under subsection (a) and genetic tests, including blood
tests have not been taken, the court shall require the parties to submit to
genetic tests, if practicable.  Thereafter the judge shall make an appropriate
final recommendation.  If a party refuses to accept the final recommendation,
the action shall be set for trial.



(d)  The guardian ad litem may accept or refuse
to accept a recommendation under this section.



(e)  The informal hearing may be terminated and
the action set for trial if the judge conducting the hearing finds it unlikely
that all parties would accept a recommendation he might make under subsection
(a) or (c). [L 1975, c 66, pt of §1; am L 1989, c 34, §3]



 



Revision Note



 



  In subsection (a)(2), reference to "576D-7"
substituted for "584-15(e)".



 



Case Notes



 



  The language of subsection (c) conditioning genetic testing
on such testing being "practicable" refers only to the practical
aspects of completing the testing and does not permit the family court to
consider the "best interest of the child" in deciding whether to
order testing in the first place.  99 H. 1, 52 P.3d 255.



  In a paternity action, §584-10 and this section mandate that
an informal, pre-trial hearing be held by the court to evaluate the likelihood
of establishing at trial the alleged father as the natural father, to determine
whether declaring paternity would be in the best interest of the child, and to
recommend settlement to the parties; such a hearing is not required before a
court may order genetic testing of the parties.  88 H. 159 (App.), 963 P.2d
1135.