END Absolute Immunity and Curb Abuse of Discretion for True Fairness and Accountability in Family Court

To: Georgia State Legislature, Governor Brian Kemp, and Members of the Judicial Council of Georgia

As a mother who has been shattered by the very system meant to protect families, I am calling for urgent reform in Georgia's family courts. I went into court seeking justice for my child and myself, only to be met with indifference, bias, and unchecked power that tore my family apart. Attorneys twisted facts without consequence, police ignored clear evidence of abuse and abused their power, and judges—shielded by absolute immunity—abused their discretion in ways that no human should endure. My story is not unique; it's the nightmare of countless parents across Georgia who have been wronged, silenced, and left to pick up the pieces of broken lives. We demand change—not for revenge, but for fairness, for our children, and for a system that serves the people, not protects the powerful.

The Issue: A Broken System Where Power Goes Unchecked

In Georgia's family courts, judges wield immense discretion under O.C.G.A. § 19-9-3, which mandates they determine custody and related matters solely based on the "best interest of the child." This sounds noble, but in practice, it allows for arbitrary rulings tainted by personal bias, incomplete evidence, or outright misconduct.

Absolute judicial immunity, rooted in common law and upheld in cases like Stump v. Sparkman (1978), shields judges from any accountability—even for egregious errors or abuses. In Georgia, this means a judge can ignore domestic violence, favor one parent due to gender stereotypes, or prolong cases unnecessarily, all without fear of civil suits or repercussions.

Abuse of discretion is rampant: decisions that defy logic, overlook expert testimony, or punish victims instead of perpetrators. As a mom who faced this firsthand, I watched as my pleas for protection were dismissed, my evidence sidelined, and my child's well-being sacrificed on the altar of "judicial discretion." Families are destroyed not by facts, but by a system that hides behind immunity, allowing corruption and incompetence to flourish. This isn't justice—it's a betrayal that leaves parents bankrupt, children traumatized, and society paying the price in broken homes and lost futures.

Why It Must Change: Comparisons to Other Professions Highlight the Injustice

Imagine a doctor who botches a surgery due to negligence—patients can sue for malpractice, holding them accountable and driving better practices. Teachers who abuse their authority face investigations, lawsuits, and loss of licensure to protect students. Even police officers, once cloaked in qualified immunity, are increasingly held to standards where excessive force leads to civil liability and reform, as seen in national movements post-2020.

Yet family court judges in Georgia enjoy absolute immunity, a blanket protection far beyond these professions. Why should those deciding the fate of our families be above reproach when their errors cause lifelong harm?

In medicine, oversight boards review complaints; in education, unions and districts enforce ethics codes. But in family courts, there's no equivalent check—judges can abuse discretion without review, leading to biased outcomes like unequal parenting time or ignoring abuse allegations. This double standard erodes trust: if a pilot's reckless decision crashes a plane, they're liable; if a judge's reckless ruling crashes a family, nothing happens.

Reform is essential to align family courts with the accountability we demand from every other profession that impacts lives.

This change benefits everyone: parents get fair hearings, children receive decisions truly in their best interest, and society gains a more equitable system. Without it, we perpetuate cycles of trauma, where victims like me are re-victimized, and wrongdoers—be they abusive partners or negligent officials—escape unscathed.

How to Change It: Specific, Legal Reforms for Georgia and Beyond

We propose the following actionable reforms, drafted to comply with Georgia's Constitution (Art. I, § II, Para. V on sovereign immunity waivers) and adoptable by other states through similar legislative language:

Limit Absolute Judicial Immunity for Egregious Misconduct: Amend O.C.G.A. § 19-9-3 and related statutes to waive immunity in family court cases involving proven abuse of discretion, such as ignoring credible evidence of domestic violence or bias-driven rulings. Allow civil suits for damages only after an independent review board (modeled on the Judicial Qualifications Commission) finds misconduct. This mirrors proposals in existing petitions, like the "Reform Family Court Judges" initiative, which calls for limiting immunity for egregious acts. Other states could adapt this by referencing their own immunity statutes (e.g., mirroring federal 42 U.S.C. § 1983 exceptions).

Curb Abuse of Discretion with Mandatory Standards and Oversight: Require judges to document reasoning in custody decisions, weighing 17 statutory factors under O.C.G.A. § 19-9-3(a)(3) with equal emphasis on evidence of abuse, parental fitness, and child input. Establish a Family Court Oversight Board, comprising legal experts, advocates, and parents, to review complaints and recommend training. Mandate annual education on domestic violence, bias, and trauma-informed practices, building on recent reforms like Ethan's Law (effective 2025), which already limits forced reunification in abuse cases. For adoptability, other states can integrate this into their family codes, similar to New York's Family Court reforms emphasizing transparency.

Enhance Fairness Through Accessibility and Protections: Provide free legal aid for low-income parents in custody disputes, inspired by national calls for equal representation.

Prohibit ex parte communications that bias proceedings and require audio/video recording of all hearings. Align with sentencing reforms for domestic violence survivors (House Bill 582) by prioritizing abuse evidence in custody. This framework is flexible for interstate adoption, promoting uniform standards like those in the Uniform Child Custody Jurisdiction and Enforcement Act.

These reforms draw from active petitions nationwide, such as Change.org's "Family Court Reform" with over 15,000 supporters, advocating for transparency and bias reduction. They ensure Georgia leads in family justice while allowing other states to follow suit.

Sign this petition to demand a system where fairness triumphs over unchecked power. For every mom like me, every child caught in the crossfire—let's rebuild family courts into beacons of true justice. Your voice can end the silence.