Rule 53A.Special masters for parenting disputes in domestic relations actions

Part VI: Trials · Last amended May 1, 2025 · Last verified July 13, 2026

In one sentenceRule 53A creates a special master, appointed only by agreement of the parties, who can issue binding written directives to resolve parenting disputes in a domestic relations case without sending the parties back to court every time.

Full Text of Rule 53A

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Scope. This rule applies to domestic relations actions as defined in Rule 26.1.

(b) Definitions.

(1) “Special master” means an attorney or other professional appointed by the court to assist the court in managing parenting disputes that may arise during or after a divorce.

(2) “Parenting disputes” means disputes relating to any matter addressed in parenting plans or other related orders of the court including, without limitation, visitation or parent time, co-parenting, and child related expenses.

(c) Time for appointment; parties’ stipulation. A court may appoint a special master by order after entry of a court-ordered parenting plan, temporary order, or final order in a case. A court may appoint a special master only upon stipulation of the parties. If the parties stipulate to the appointment of a special master, the court may select the special master.

(d) Compensation. The court will fix the terms of the special master’s compensation, including how compensation will be apportioned between the parties. The court may incorporate by reference the terms of the special master’s fee agreement.

(e) Term and scope of appointment. The court will specify the length and scope of the special master’s appointment at the time of appointment. The court may modify the term or scope of the appointment for good cause upon its own motion, a motion of a party, or a request by the special master.

(f) Powers and limitations.

(1) Directives. The court may authorize the special master to resolve parenting disputes through directives. Directives are effective as orders when made and will continue to be effective unless modified or set aside by the court, the special master, or by written stipulation of the parties.

(2) Sanctions. A special master may issue sanctions only if specifically authorized by the court in the appointment order. A special master may not make a finding of contempt.

(3) Existing orders. Except as provided here, the court may not authorize a special master to issue directives that are contrary to or inconsistent with existing orders, judgments, or decrees. The court may authorize a special master to deviate from the parenting plan, but that authorization must be express and narrow in scope. Recognizing the special master’s role may involve creating rules, clarifications, or additional requirements for the parties to follow to resolve disputes, the court may not authorize a special master to issue any decisions or modifications of orders that would otherwise require a judicial order.

(g) Delivery and filing of decisions. A special master must deliver all directives in writing to the parties. A special master must also file all directives with the court.

(h) Objections and court review.

(1) Objections. A party may object to a special master’s directive by filing a written motion to modify or set aside a special master’s directive within 14 days after the date of the special master’s directive. A court may consider an untimely motion upon good cause shown.

(A) The motion must state succinctly and with particularity the directive challenged, the relief sought, and the grounds for the relief sought. Any evidence necessary to support the moving party’s position must be presented by declaration.

(B) If the matter is assigned to a domestic commissioner, the requirements in Rule 101 relating to motions, responsive memoranda, counter motions, and documentation apply. Otherwise, the requirements in Rule 7 apply.

(2) Court review. The court will review the special master’s directive de novo. In the event additional evidence is needed, the court may remand the matter to the special master for further proceedings.

(i) Suspension or termination of special master’s appointment.

(1) Suspension or termination by special master. A special master may elect to suspend or terminate the special master’s appointment by delivering a notice of suspension or resignation to all parties and filing the notice with the court. A special master may not suspend or terminate the appointment while an issue is pending before the special master.

(2) Termination by the parties. The parties may terminate the special master’s appointment upon written stipulation filed with the court and served on the special master.

(3) Termination by the court. The court may suspend or terminate the special master’s appointment on its own initiative or by motion of a party for good cause shown.

(4) No unilateral termination. Neither party may unilaterally terminate or modify the appointment of a special master by withdrawal of the party’s stipulation to appoint the special master.

(j) Use of special master for other issues. This rule does not preclude the court from appointing a special master pursuant to Rule 53 for other issues outside of those listed in paragraph (b)(2).

End

Amendment History

Added effective May 1, 2025.

Plain-English Summary

Rule 53A creates a narrower kind of master built for the day-to-day disputes that come up after a divorce or other domestic relations case — things like parent-time, co-parenting logistics, and child-related expenses. Unlike the general master in Rule 53, a court can appoint a special master under this rule only if both parties stipulate to it, and only after a parenting plan, temporary order, or final order is already in place. If the parties agree to a special master, the court gets to pick who it is.

The appointment order sets the special master's pay, term, and scope, and the court can adjust any of that later for good cause — on its own motion, a party's motion, or the special master's own request. Within that scope, the special master can resolve disputes by issuing written "directives," which take effect as court orders as soon as they're made, unless the special master, the court, or the parties' own written stipulation changes or cancels them. A special master can only impose sanctions if the appointment order specifically authorizes it, and can never hold anyone in contempt. The special master also can't override an existing order or judgment, and any authority to deviate from the parenting plan has to be spelled out expressly and kept narrow — decisions that would otherwise need a judge's signature stay off-limits.

Every directive has to go to the parties in writing and get filed with the court. A parent who disagrees with a directive has 14 days to file a written motion to modify or set it aside (later motions are possible for good cause), spelling out exactly which directive is being challenged, what relief is wanted, and why — with any supporting evidence submitted by declaration. If a domestic commissioner is handling the case, the motion follows Rule 101's procedures; otherwise it follows Rule 7. The court then reviews the directive from scratch, with no deference to the special master, and can send the matter back for more evidence if needed.

The special master's appointment can end several ways: the special master can resign by written notice (but not while an issue is pending), the parties can jointly stipulate to end it, or the court can suspend or terminate it on its own initiative or a party's motion for good cause. Neither parent can end it alone by withdrawing consent. And using this rule for parenting disputes doesn't stop a court from separately appointing a Rule 53 master for other issues in the same case.

Frequently Asked Questions

What's the difference between a Rule 53A special master and a regular Rule 53 master?

A Rule 53A special master is built for one purpose — resolving parenting disputes after a divorce or similar case, like parent-time and child-related expenses — and requires both parents to agree to the appointment. A general Rule 53 master can handle a broader range of issues and doesn't always require the parties' consent.

Can a Utah court appoint a special master without both parents agreeing?

No. The rule requires the parties to stipulate to the appointment before the court can name a special master, and if they do, the court chooses who fills the role.

What is a 'directive' and does it take effect right away?

A directive is the special master's written decision resolving a parenting dispute. It's effective as a court order as soon as it's made, unless the special master, the court, or the parties' written agreement later changes or cancels it.

How do I challenge a special master's directive I disagree with?

File a written motion to modify or set it aside within 14 days of the directive, stating specifically what you're challenging, what you want instead, and why, backed by a declaration for any supporting evidence. The court then reviews the directive with no deference to the special master's decision.

Can a special master hold a parent in contempt for not following a directive?

No. A special master can impose sanctions only if the court's appointment order specifically allows it, and can never make a finding of contempt — that stays with the judge.

Can one parent end the special master's appointment without the other's agreement?

No. Neither parent can unilaterally terminate or change the appointment by withdrawing consent. Ending it requires the special master's own resignation, the parties' joint stipulation, or a court order.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source

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