Legal Question in Family Law in Maryland

Re: Special Master Programs

You can find the provisions for referral of child custody matters to Masters in Title 9, Chapter 2 of the Maryland Rules of Court. Rule 9-207 sets out the procedures for hearings by Masters. The Master can conduct a hearing, but he cannot issue an Order. That can only be done by a judge. The Master, after hearing the evidence, makes findings of fact and recommendations concerning what the court should order. He(or she) issues a report of the findings and recommendations, along with a proposed order, to the court and to the parties. If either party files exceptions to the findings and recommendations, a hearing will be scheduled before the judge, who must ultimately make the decision. If no exceptions are filed within five days of the Master's report, the judge will review the file, the findings and recommendations, and probably sign the order, unless the judge believes the Master's findings do not support the recommended order (this would occur rarely). If an exceptions hearing is held, it will almost always consist of legal argument regarding legal errors the Master is alleged to have made, and will not include any new testimonial or documentary evidence.