What is a Special Master in High Conflict Divorce and Child Custody Cases?

When parents are unable to resolve ongoing disputes about their children after a divorce or custody order is in place, the court may appoint a Special Master to help manage these conflicts and provide solutions outside of the traditional court process.


Understanding Special Masters


A Special Master is an attorney or other qualified professional appointed by the court to assist in resolving parenting disputes that arise during or after divorce proceedings. Think of a Special Master as a neutral professional given certain judicial authority, who steps in to make decisions on particular issues when parents remain in disagreements about specific issues relating to their children. This helps to resolve disagreements faster and most cost effectively than filing motions to return to court for co-parenting disputes.


Under Utah's Rule 53A, which became effective May 1, 2025, Special Masters can only be appointed with the agreement of both parents. This ensures that both parties are committed to working within this framework to resolve their differences.


What Types of Disputes Can Special Masters Handle?


Special Masters are specifically designed to address "parenting disputes," which include disagreements about:


  • Visitation and parent time - When pickup times are disputed, makeup time is needed, or schedules need adjustment
  • Co-parenting decisions - Communication issues, coordination of activities, or implementation of the parenting plan
  • Child-related expenses - Disputes over medical costs, extracurricular activities, educational expenses, or other child-related financial matters
  • Clarifications of existing orders - When parents interpret court orders differently


How Do Special Masters Work?


Once appointed, a Special Master has the authority to issue written "directives" that resolve parenting disputes. These directives function as court orders and are immediately enforceable. The Special Master must provide written decisions to both parents and file them with the court.


The court determines the scope of the Special Master's authority at the time of appointment. While Special Masters can create rules, clarifications, and requirements to help resolve disputes, they cannot make major modifications to existing court orders or parenting plans without express authorization from the court.


The Process for Disagreeing with a Special Master's Decision


If a parent disagrees with a Special Master's directive, they have 14 days to file a written motion with the court requesting that the directive be modified or set aside. The court will review the Special Master's decision completely fresh (called "de novo" review) and make its own determination.


Special Masters in Utah: A Growing Resource


Special Masters have been utilized in high conflict custody cases in Northern Utah for decades, providing valuable assistance to families and courts in managing ongoing disputes. However, Southern Utah has not traditionally had attorneys or other professionals serving as Special Masters. With the passage of Rule 53A, we expect to see more high conflict cases throughout Utah benefiting from Special Master assistance as more professionals become available to serve in this capacity.


Cost and Payment


The court determines how the Special Master's fees will be divided between the parents. Typically, costs are split equally between both parties. However, courts often give Special Masters the authority to reallocate fees if they determine that one parent is abusing the process or acting in bad faith. This helps ensure that the system isn't misused.


The court will establish the terms of compensation when the Special Master is appointed, and may incorporate the Special Master's fee agreement by reference.


When Might a Special Master Be Helpful?


Special Masters can be particularly beneficial in situations where:


  • Parents frequently return to court over parenting disputes
  • Communication between parents has broken down
  • There are recurring conflicts about interpreting court orders
  • Quick resolution of parenting issues is needed
  • The family would benefit from having a neutral professional available to resolve disputes as they arise


Important Limitations


It's important to understand that Special Masters cannot:

  • Hold parents in contempt of court
  • Make major changes to custody arrangements without specific court authorization
  • Issue sanctions unless specifically authorized by the court in their appointment order
  • Continue serving if both parents agree to terminate the appointment


Special Masters Throughout Utah


The formal adoption of Rule 53A represents Utah's recognition that high conflict custody cases often need additional support beyond traditional court processes. As more legal professionals become trained and available to serve as Special Masters throughout the state, this resource should become increasingly accessible to families who could benefit from this type of assistance in managing ongoing parenting disputes.

By providing a structured, professional approach to resolving parenting conflicts, Special Masters offer families an alternative to repeated court hearings while ensuring that children's best interests remain the primary focus.