OK, so I don't know why I'm acting like the ADA is some kind of airplane. Maybe it is because I was up really, really late working on court documents last night and now it is really early in the morning and I'm not sure why I'm doing this.
Anyway, the ADA is legislation that basically entitles you to "reasonable accommodations" if you require them in order to obtain access to the judicial system. In other words, "Title II of the ADA requires public entities, such as the Connecticut Judicial Branch, to accommodate individuals with disabilities by providing equal access to their services, programs and activities."
Of course, I will warn you right away that the Connecticut Judicial Branch has a long history of denying ADA accommodations to people with disabilities, particularly those with invisible disabilities, and also using disabilities against a litigant whenever possible. This is why attorneys will routinely discourage you from ever bringing up the issue.
Still, things are slowly getting better. The judicial system has an ADA home page where you can get additional information on this. Also, you can download Form No. JD-ES 264 Request For Accommodation By Persons With Disabilities off the judicial website in the forms section and use it to make an application for an accommodation. There is an ADA coordinator at each courthouse who is available to work out a plan of accommodation with you.
Oh, and don't forget Form No. JD-ES 263 Grievance/Complaint Filed Under the Americans With Disabilities Act, just in case they turn you down. Remember our mantra on this blogsite folks, never take "no" for an answer--appeal, appeal, appeal.
Of course, there is something very quaint with what ADA coordinators expect here even though the ADA, in some form or another, has been around since the 1970s. What these guys expect is someone with a visible disability who is walzing around in a wheelchair, someone who is deaf or blind, etc., etc.
But what about if you have a mental health disability, which, let's face it guys, after years of abuse from your ex you probably have? That's a disability for which you have the right to accommodation as well, as long as the disability is an Axis I or Axis II diagnosis.
Now, there are problems to claiming this kind of coverage from the ADA because your ex could use it against you. On the other hand, if your ex has already used it against you and you have a well known history and everyone in your case is talking about it, you might as well get some protection from the ADA. On the other hand, you do have some protections. The documents you are provide to the judicial branch to obtain your reasonable accommodations are confidential, so that is reassuring. Also, the nature of your disability should not be the subject of discussion in the courtroom since it is an administrative matter. Of course, family court violates these kinds of limitations all of the time, so you would have to insist on your rights should a circumstance arise where they are trying to bring up details about your request for ADA accommodations in the court.
Not only can you request reasonable accommodations based upon the ADA such as frequent breaks, the opportunity to have someone take notes for you during proceedings, etc., etc., it also is a means to highlight discrimination against you based upon your mental health disability. So if you can, use it judiciously as well to support the case that a mental health disability is the same as any other disability and that with reasonable accommodation which you have every right to you can parent as well as anyone else and you have the right to be treated equally the same as other people who are not labeled.
Now, the ADA coordinator you are working with who is used to more traditional requests for accommodation may not be as effective as you'd like, but here is your opportunity to educate him or her as well as an opportunity to benefit, so why not give it a try. I mean, if they are trashing you anyway because of a mental health disability, you might as well take advantage of it as much as you can. Be a little nontraditional and see if that opens a few doors for you.
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