Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 30, 2026 The Court of Appeals hereby passes the following order: A27D0152. MARTHA CAREY v. JARED SPIVEY. Martha Carey and Jared Spivey are the parents of three minor children. On August 18, 2026, the trial court entered a family violence protective order against Carey which, in part, awarded temporary custody of the children to Spivey and restricted Carey’s visitation rights. Carey has filed a timely application for discretionary review of the order in which she challenges the rulings on custody and visitation. Ordinarily, appeals of orders in domestic relations cases — including actions arising under the Family Violence Act — must be initiated by filing an application for discretionary review. See OCGA § 5-6-35(a)(2); Schmidt v. Schmidt, 270 Ga. 461, 461–62(1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021). Under OCGA § 5-6-34(a)(11), however, “[a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody” are directly appealable. Here, because Carey challenges a protective order involving custody rulings and visitation restrictions, this case is subject to direct appeal. See OCGA § 19-9-41(4) (“‘Child custody proceeding’ means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for ... protection from family violence, in which the issue may appear.”); Perlman v. Perlman, 318 Ga. App. 731, 733(1) (734 SE2d 560) (2012). This Court will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35(j). Accordingly, Carey’s application is hereby GRANTED. She shall have ten days from the date of this order to file a notice of appeal with the trial court, if she has not already done so. See OCGA § 5-6-35(g). The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/30/2026 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.