Utah Special Master Agreement

I recently wrote a post explaining what a special master is in Utah divorces.

In that post, I explained parents give special masters authority to make decisions. They do that by signing special master agreements, and I thought it might be helpful to show you what’s in one of those agreements.

Special Master Retainer Agreement

The Court has appointed or Parties have stipulated to XXXX as Special Master in this case to assist in resolving parenting disputes concerning Parties’ children. We hereby stipulate and agree to these terms and conditions:

  1. In accordance with applicable law, it is anticipated that the role of Special Master is to assist Parties in resolving conflict outside of the courtroom and is limited to those powers defined in the Court Order appointing a special master. If not defined, that role will be limited to decisions regarding parent-time such as dates, times, exchanges, routine care and discipline. In no case is Special Master able to make a final adjudication as to custody or visitation or make decisions significantly affecting Court Orders.
  1. Special Master will meet with each Party in person or via telephone within two weeks of their executing this Agreement. Each Party may submit whatever documentation he or she wishes me to review prior to that meeting. Any documents submitted to Special Master shall be provided to the other Party as well.
  1. We understand that at all times Special Master will be an advocated for the best interests of our children.
  1. Because information provided in that discussion may be ultimately considered by Special Master in making decisions, if that is necessary, confidentiality is not insured.
  1. Special Master must report any claims of child abuse not previously reported to a law enforcement agency.
  1. All written communications between Parties concerning the children shall be copied to Special Master.
  1. In the event Parties wish to submit a matter to Special Master for decision, Party should identify the email in the subject line as one requiring decision. The initial request shall include a summary of the issue and problem. The other Party may respond, and must do so within 24 hours. If the initiating Party wishes to reply to the response, he or she may do so within 24 hours. Otherwise, the initiating Party should simply ask Special Master to decide.
  1. Special Master shall provide a decision within three working days. If the issue requires immediate decision, Special Master will attempt to provide that decision, in writing, by email as soon as possible. If Special Master is going to be unavailable for more than three working days, he will inform Parties.
  1. If a matter requires immediate decision, Parties shall provide their positions to Special Master as quickly as possible, and Special Master will attempt to render a decision in a timely manner.
  1. If either Party is dissatisfied with a decision of Special Master, he or she may ask the Court to review the decision or stipulation. In the event the decision is to be challenged, Party challenging the decision shall provide a copy of the Motion to the other Party and Special Master.
  1. In the event one of Parties fails to comply with the decision of Special Master, Special Master has no power to make a finding of contempt or to punish. Special Master may also make recommendations to the Court regarding contempt or other significant sanctions, if appropriate.
  1. Special Master may consult with professionals who have information about the children, including therapists, school teachers, custody evaluators, medical providers, and the like, and such information may be considered by Special Master in making decisions. Parties will execute any authorizations to facilitate this communication. That authorization shall not include the right to access privileged communications between the therapists and their clients.
  1. Parties agree not to request, subpoena or demand the production of any record, notes, email or other communication or work product of Special Master concerning her work with Parties.
  1. Special Master shall not be called as a witness or deposed in this or any subsequent proceeding, unless required by statute or Court Order.
  1. Parties will pay Special Master $180 an hour. This includes time spent with Parties, phone conferences, reviewing documents and correspondence, meeting with others and preparing decisions. Further, the review or writing of each email, other than emails scheduling meetings, will be charged at one tenth of an hour.
  1. Each Party will pay one half of the fees for Special Master, and each will deposit $1,500 in Special Master’s Trust Account. Parties will be billed monthly, and when the retainer falls below $500, Parties will be asked to replenish it. Any unused retainer will be returned to Parties at the termination of Special Master’s appointment.
  1. Special Master may allot the assessment of fees unequally, if she determines that one Party’s conduct or intransigence has caused expense.
  1. Non-payment of retainers or costs and fees shall be grounds for resignation of Special Master.
Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 918 reviews
Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.
Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.
Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work
Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.
You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.
Response from the owner:Chris, thank you. Glad we were able to guide you through your process.
Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!
Response from the owner:Joselyn, thank you for the kind words.
David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.
Response from the owner:Suzanne, thank you and glad David has taken care of you.
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
Response from the owner:Jaren, thank you for the referrals.
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
Response from the owner:Meghann, so glad Ray and Carren took good care of you.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Response from the owner:Thank you, Monica.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
Response from the owner:Mike, thank you for the kind words and the referrals.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts