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David R. Hartwig, Esq.
Family Law & Divorce Attorney & Counselor at Law Veteran Military Discount

Deep Experience In High-Conflict Cases

As a Special Master attorney, I have special training to assist clients with high-conflict situations. These often involve child custody, child support, alimony issues, and the enforcement of custody and support orders. A Special Master attorney can be appointed by a court, or the parties may seek out a Special Master on their own to resolve long-standing, difficult conflicts.

During, or after, a divorce, conflict arises and continues. Those cases are called "high conflict" and often involve the rights of parents in relation to the children. The children are often affected, and the conflict persists while the children are being raised. Parents are often frustrated by the costs, and time delays, of having to go back to court to determine their rights, or enforce the terms of a divorce or paternity order. I have seen these issues often and helped Utah families navigate them for more than 30 years.

What Is A Special Master Attorney?

Utah Special Masters are lawyers appointed by courts, or by agreement of disputing parties, to help resolve issues that continue to exist after an order has entered. A Special Master can help during a contentious divorce, or afterward.

The agreement, or order, appointing a Special Master will set the boundaries regarding what exactly the Special Master will be asked to do. For example, the parties may agree to focus on only a certain set of related issues, such as parent time; they may seek an interpretation of a divorce decree; or, change part of a court order, all subject to a right to judicial review

A Special Master can address ongoing issues affecting the parties' children, including matters of child custody, visitation or parent time, and child support. The Special Master acts as a quasi-judicial officer, in place of a judge or court commissioner, with authority to order parents to comply with his or her recommendations.

Utah custody statutes require parenting plans, which include the requirement for nonjudicial ways of resolving problems. A Special Master can be one way of satisfying that requirement.

Why Should I Use A Special Master?

The benefits of a Special Master include:

  • Parents can address problems without resorting to litigation, thus avoiding court costs and delays
  • Parents can almost always save time, and obtain decisions within a day or two, rather than waiting weeks to get a hearing at court
  • Parents may feel they have greater control when working with a Special Master because they are expected to provide significant input into their unique situation in order to aid the Special Master in making recommendations
  • Instead of relying on an attorney to address day-to-day issues, the Special Master can step in and make a decision, saving attorney resources for when litigation is absolutely necessary
  • If a problem is outside a Special Master's authority, the Special Master can still recommend a resolution to a judge or court commissioner. This means parents are not left to litigate an issue starting from square one.

At a recent presentation on Dealing with Special Problems in Divorce (sponsored by the Utah Fellows of the American Academy of Matrimonial Lawyers and the Utah State Bar Family Law Section on December 4, 2015), a well-recognized social worker (Ali Thomas) and psychologist (Todd Dunn) provided valuable input on the team effort required in dealing with alienation of and lack of contact with children in divorce settings, and the value of having a Special Master included in that team.

My Training

I am a Special Master specifically trained to assist in high-conflict divorce cases.

  • Trained at 47th Annual Association of Family and Conciliation Courts (AFCC) Conference, "Traversing the Trail of Alienation," Denver, Colorado
  • Special Master Training at AFCC: Advanced Issues in Child Custody, Chicago, Illinois
  • Special Master Training in Parenting Coordination: Advanced Practice, Chicago, Illinois

Find Out What A Special Master Can Do For You

If you would like to learn more about the role of Special Masters in domestic relations matters, contact me, David R. Hartwig, Esq., online or call 801-833-0822. As an attorney with training in custody issues and parenting coordination, I can help you determine whether you and your family would benefit from the appointment and use of a Special Master in your unique situation.

I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.

Factors In Child Custody Decisions

As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.

The best interests of the child must be considered, including:

• Whether joint legal or physical custody will benefit the child's physical, psychological and emotional needs, or the child's development

• The parents' ability to give first priority to the child's welfare, and reach shared decisions in the child's best interest

• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent

• Whether both parents participated in raising the child before the divorce

• The distance between the parents' homes

• The parents' maturity and their willingness and ability to protect the child from conflict that may arise between the parents

• The parents' ability to cooperate with each other and make decisions jointly

• Any history of, or potential for, child abuse, spouse abuse, or kidnapping

• Any other factors the court finds relevant

Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.

Get Help With Your Child Custody Issue

If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.


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