Should You Use a Special Master in Your Utah Divorce or Custody Case?

A Special Master facilitates a calm discussion between high--parents in a family law setting.

Making effective decisions after divorce can be a challenge for many co-parents. A Special Master can help.

If you're in the middle of a high-conflict divorce or facing constant co-parenting battles, you're not alone—and you don’t have to keep turning to the court to resolve every disagreement between you and your co-parent. This article will help you understand how a Special Master can offer faster resolutions, reduce stress, and support healthier communication between you and your co-parent. You'll also learn when it might be especially helpful to choose a Special Master with a background in mental health, what the appointment process looks like, and how to decide whether or not a Special Master is the right fit for you.

So—should you use a Special Master in your case? Here’s what you need to know to make an informed decision.

What Is a Special Master in Utah?

A Special Master is a court-appointed professional who helps separated or divorced parents resolve child-related disputes without returning to court every time a disagreement arises. While Utah uses the term Special Master, the functions and qualifications are the same as those of a Parenting Coordinator in other US States, and around the globe.

According to the Practice Guidelines developed by the Association of Family and Conciliation Courts (AFCC), this role should be considered “a hybrid legal-mental health role that combines assessment, education, case management, conflict management, dispute resolution, and, at times, decision-making functions.”

What are the Top Benefits of Working with a Special Master in High-Conflict Divorce

Working with a Special Master offers multiple benefits, especially when communication and collaboration are consistently difficult between co-parents:

  • Save time and avoid repeated court appearances

  • Reduce emotional stress for parents and children

  • Receive quick feedback and resolution—often within 24–48 hours

  • Improve co-parent communication and cooperation

  • Use attorneys only when court involvement is absolutely necessary

  • Regain a sense of control over parenting decisions

Why Can It Be Helpful to Choose a Special Master Who Is a Licensed Mental Health Professional?

In Utah, both attorneys and licensed mental health professionals can serve as Special Masters. However, many families benefit from working with a Special Master who is trained in both legal procedures and the emotional dynamics of divorce.

As a licensed clinical social worker with over 25 years of experience, I bring specialized insight into:

  • The impact of conflict on children’s development

  • Trauma-informed approaches to decision-making

  • High-conflict personality traits and mental health challenges that fuel litigation

  • Practical communication and regulation skills to support lasting change—not just short-term decisions

When Should You Consider a Mental Health Professional as Your Special Master?

There are times when the emotional and psychological complexity of a family’s situation demands more than legal knowledge alone.

A mental health-trained Special Master may be especially valuable when:

  • One or both parents struggle with mental health or substance use concerns

  • There are allegations of abuse, neglect, or parent-child contact problems

  • One or more children are resistant to visitation or show signs of emotional distress

  • There is a history of intimate partner violence or coercive control

In these situations, sensitivity, safety, and developmentally informed strategies matter deeply.

AFCC Training That Informs My Role as a Special Master

I have completed over 24 hours of specialized training through the Association of Family and Conciliation Courts (AFCC) in Parenting Coordination Interventions, and Advanced Issues for Family Law and Dispute Resolution Professionals.

This intensive training addressed:

  • Structuring effective processes for dispute resolution between co-parents

  • Techniques and interventions designed to address entrenched conflict

  • Safety and ethics protocols related to intimate partner violence

  • Advanced training in challenging family law topics including:

    • Parent-child contact problems

    • Allegations of abuse or neglect

    • Substance use disorders & mental illness

    • The voice of the child in decision-making

Rooted in this training, I approach each case with through a lens of human behavior and development, while adhering to the AFCC’s internationally recognized guidelines for best practices in this work.

What Does a Special Master Actually Do?

Depending on the court order, a Special Master may:

  • Mediate day-to-day parenting disagreements

  • Clarify or interpret the parenting plan

  • Help implement agreements

  • Make decisions (when authorized by the court)

Some common issues a Special Master may address:

  • Transitions and exchanges

  • Communication protocols

  • Health care decisions

  • School-related issues and extracurriculars

  • Use of technology and travel

  • Safety concerns and scheduling conflicts

When disputes fall outside the scope of the Special Master’s appointment, they may refer the matter back to the court or a commissioner—saving time and legal fees for both parties.

What are the Pros and Cons of Using a Special Master?

✔ Pros

  • Fast, responsive decision-making

  • Less courtroom time, more predictability

  • Emotional relief for children and parents

  • Greater focus on parenting instead of litigation

✘ Cons

  • Not a substitute for therapy or legal representation

  • Scope of authority must be clearly defined

  • Costs are shared and billed hourly

Your attorney can help you weigh these factors as you choose the best path forward for yourself and your children.

How Do You Appoint a Special Master in Utah?

Utah Rule of Civil Procedures Rule 53A states that the court may appoint a Special Master only by stipulation (or “agreement”) of the parties. If the parties both agree to appoint a Special Master, the court may select which Special Master that they’ll work with. You cannot begin working with a Special Master until an appointment order has been entered.

The appointment order should clearly outline:

  • The scope of the Special Master’s authority

  • The Special Master’s retainer and fees

  • Term of the appointment

In high-conflict cases, the earlier a Special Master is appointed, the more stability and support you can create for your child.


FAQs

  • In Utah, a Special Master is the functional equivalent of a Parenting Coordinator in many other states. Under Rule 53A of the Utah Rules of Civil Procedure, Special Masters can help resolve parenting disputes with quasi-judicial authority—such as issuing written directives that function like court orders unless modified by a judge.

    By contrast, Utah’s Parenting Coordinator role (outlined in UCJA Rule 4-509) does not carry this same level of authority. PCs in Utah can help manage conflict and make recommendations, but they cannot issue binding directives.

  • Yes, Utah’s Rule of Civil Procedures Rule 53A requires that the parties stipulate to the appointment of a Special Master.

  • Yes. You may agree on a qualified professional and propose them to the court. If you are unable to come to an agreement, the court can select a Special Master on your behalf.

  • The court may give the Special Master the authority to make decisions—called directives—on parenting issues. These decisions carry the same weight as court orders and remain in effect unless the court, the Special Master, or both parents (in writing) agree to change them.

  • The Special Master may still make recommendations or directives within their scope of their appointment to move things forward.

Final Thoughts

Choosing a Special Master isn’t just a legal step—it’s a strategic decision that can shape your co-parenting journey for years to come. When conflict runs high or communication breaks down, a skilled Special Master can bring structure, impartiality, and a path forward. They help families move from crisis to clarity with consistent guidance and informed decision-making.

If you’re exploring your options, the Utah AFCC Directory can be a helpful place to find the right Special Master for you.

And if you're seeking someone who blends legal insight with deep clinical expertise, I’d be honored to support your family in this role.

Want to learn more or schedule a consultation?

Kenny Levine

Kenny Levine, LCSW, is a seasoned therapist with over 25 years of experience helping individuals, couples, and co-parents navigate life’s toughest challenges. With a focus on evidence-based approaches like CBT, DBT, and the Gottman Method, Kenny specializes in providing support for co-parenting through divorce, and relationship issues. He also offers tailored therapy for physicians, focusing on their unique personal and professional needs.

https://www.kennylevine.com
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