Could Family Court Be Next? DOJ Ends Defense of Immunity for Administrative Judges
- Parental Alienation Resource
- 6 days ago
- 2 min read
On February 20, 2025, the U.S. Department of Justice (DOJ) announced a significant policy shift regarding Administrative Law Judges (ALJs). The DOJ determined that the existing removal protections for ALJs, specifically, the multiple layers of restrictions that prevent their dismissal without cause, are unconstitutional. Consequently, the DOJ stated it would no longer defend these protections in court.
What This DOJ Change Means, and How It Could Reach Family Courts
First, let’s talk about branches of government.
There are three branches in the U.S. system:
Executive, This includes the President and all federal agencies (like the Department of Justice).
Legislative, Congress. They make the laws.
Judicial, Courts and judges. They interpret and apply the laws.
Family court judges fall under the judicial branch, usually at the state level. They’re not federal judges, but they still have powerful protections.
So what did the DOJ just do?
The DOJ is part of the executive branch, and they recently said:
“We’re no longer going to protect certain federal officials (like Administrative Law Judges) when they get sued for violating people’s constitutional rights.”
Why?
Because the DOJ just admitted this: protecting government officials, at all costs, even when they violate constitutional rights, is no longer defensible.
That’s a big deal. Because for decades, government officials could make harmful decisions and nobody could touch them.
So how does this connect to family court?
Right now, family court judges, GALs, and other professionals are almost untouchable.
Even if they:
Violate your rights
Deny you contact with your child without due process
Submit false reports
Block reunification against therapist recommendations
…you often can’t sue them because of judicial or qualified immunity.
But this DOJ change shows that even the government is starting to say:
“Wait a second… maybe some of these people shouldn’t be protected when they violate people’s rights.”
The walls are starting to crack.
What would it take for this to reach family courts?
Parents and advocates keep filing lawsuits.
Even if they lose, they create legal pressure and public awareness.
More policy shifts like this one.
If the federal government starts limiting immunity for any official, it gives the courts a roadmap to consider changing how other officials are protected.
A case reaching the Supreme Court.
If the right case challenges judicial immunity on constitutional grounds and makes it far enough, the Supreme Court could change the game for every parent in the country.
Public pressure and exposure.
What lawmakers and judges won’t fix in silence, they’ll fix under a spotlight.
No, this doesn’t fix the family court system.
But it sends a message:
Not even the government can protect someone forever when they violate Constitutional rights.
We’re not just parents.
We’re Americans.
And our rights don’t end at the doors of family court.
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