Special Master

Practice Area

Special Master services, an experienced hand when the court needs one

Valued.  Structured.  Deliberate.

In complex or high-conflict family law matters, courts sometimes appoint a Special Master to assist with specific tasks that require specialized expertise or sustained attention. Ms. Wood is available to serve in this role, bringing her family law experience, careful judgment, and commitment to fair process to every appointment.

Overview

What a Special Master does in family law proceedings

A Special Master is a neutral expert appointed by the court to perform specific quasi-judicial functions in a case. In family law, Special Masters are most commonly appointed in high-conflict custody disputes, complex property cases, or matters requiring ongoing oversight that the court cannot efficiently provide directly.

The scope of a Special Master’s authority is defined by the court’s appointing order. Depending on that order, a Special Master may be authorized to hear evidence, make factual findings, resolve specific disputes between the parties, oversee compliance with court orders, or make recommendations to the court on designated issues.

Special Master appointments are designed to bring efficiency and expertise to matters that would otherwise consume significant court resources or result in delayed resolution for the families involved. The Special Master’s findings and recommendations carry significant weight and can be reviewed by the court.

Ms. Wood approaches Special Master appointments with the same deliberate, structured methodology she brings to all her work, ensuring the process is fair, thorough, and focused on producing outcomes that serve the interests of the parties and, where children are involved, their wellbeing.

Functions of a Special Master

Functions commonly performed by a Special Master

Parenting Plan Oversight

In high-conflict custody cases, a Special Master can be appointed to resolve day-to-day parenting disputes that arise under an existing parenting plan, decisions about school enrollment, medical treatment, extracurricular activities, travel, and similar matters, without requiring each dispute to return to the court for resolution.

Order Compliance Monitoring

Where one or both parties have a history of noncompliance with court orders, a Special Master can be appointed to monitor compliance, receive reports from both parties, and bring compliance issues to the court’s attention efficiently. This function can significantly reduce the burden on the court while providing accountability for both parties.

Hearings and Recommendations

A Special Master may be authorized to make findings of fact or recommendations to the court. This function can significantly accelerate resolution of discrete issues in complex cases, allowing the court to focus its attention on the matters that most require judicial determination.

What to expect

The Special Master process, step by step

01

Court Appointment

The court issues an order appointing the Special Master and defining the scope of the appointment, including the issues delegated, the authority granted, the compensation arrangement, and the process for submitting findings or recommendations to the court.

02

Initial Conference

Ms. Wood meets with the parties and their counsel to introduce the process, establish ground rules, review the appointing order, and identify the specific issues or disputes to be addressed. This conference sets a structured and professional tone for the engagement.

03

Information Gathering

Depending on the scope of the appointment, Ms. Wood gathers relevant information through submissions from the parties, review of existing court orders and records, interviews, and where authorized, evidentiary hearings. All information is evaluated with care and impartiality.

04

Dispute Resolution

For matters within the Special Master’s authority to resolve directly, Ms. Wood issues decisions or directives as authorized by the appointing order. These decisions are documented clearly and provided to both parties and the court in a timely manner.

05

Findings and Recommendations

Where the Special Master’s role is advisory rather than decisional, Ms. Wood prepares written findings of fact and recommendations for the court’s consideration. These are drafted with precision and supported by the evidence and information gathered during the process.

06

Court Review

The court reviews the Special Master’s findings and recommendations. Either party may object to findings within the timeframe specified in the appointing order. Ms. Wood’s findings are prepared to provide the court with the clearest possible basis for its decision.

Frequently asked questions

What attorneys and clients ask most

Who can request a Special Master appointment?

Either party or their counsel can request a Special Master appointment, or the court may appoint one on its own motion. The request is typically made by motion, setting out the issues that warrant Special Master involvement and proposing a candidate. Both parties must generally have an opportunity to be heard on the appointment before it is made.

How is a Special Master different from a mediator?

A mediator facilitates negotiation between the parties but has no authority to impose a decision. A Special Master, by contrast, may be granted authority to make binding decisions or findings on designated issues, subject to court review. The Special Master is a court-appointed officer acting within the judicial process, while a mediator operates outside it.

Can a Special Master’s decision be appealed?

A Special Master’s findings and recommendations are typically subject to review by the appointing court, not directly appealable. Either party may object to findings within the time and manner specified in the appointing order. The court then reviews the objections and issues its own order, which is subject to the normal appellate process.

Who pays for the Special Master?

The cost of a Special Master is typically shared between the parties, either equally or in proportions set by the court. In some cases, the court may allocate costs differently based on the parties’ financial circumstances or conduct in the proceedings. The appointing order will specify the compensation arrangement.

What qualifications does a Special Master need in Utah?

Utah courts have broad discretion in appointing Special Masters and typically look for individuals with relevant expertise in the subject matter of the appointment. In family law cases, this typically means an experienced family law attorney with a demonstrated understanding of Utah family law, court procedures, and the specific issues at hand.

Is a Special Master appropriate for my case?

Special Master appointments are most valuable in cases involving persistent high conflict between the parties, complex or technical issues that benefit from specialized expertise, ongoing compliance concerns, or a volume of discrete disputes that would overwhelm the court’s docket if handled through regular motion practice. Ms. Wood can discuss whether a Special Master appointment would be appropriate and beneficial in your matter.

Can Ms. Wood serve as Special Master if she has previously represented one of the parties?

No. A Special Master must be neutral and cannot have a prior or ongoing relationship with either party that would compromise that neutrality. Ms. Wood is available to serve as Special Master only in matters where she has not previously represented either party and has no conflict of interest that would affect her impartiality.

How long does a Special Master appointment typically last?

The duration depends entirely on the scope of the appointment and the complexity of the issues involved. Some appointments are discrete and time-limited, concluding once a specific issue is resolved or a report is submitted. Others involve ongoing oversight that may continue for months or longer. The appointing order will define the expected scope and duration.

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Initial consultations are an opportunity to understand your legal position, ask questions, and determine whether Ashley Wood Law, P.C. is the right fit for your matter. There is no obligation to proceed.

Ashley Wood Law, P.C.  ·  Salt Lake City, Utah  ·  801-459-3499