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WE DEMAND JUSTICE!
If the family court system doesn't respect constitutional rights, why should it respect rights under disability laws?
ReplyDeleteI agree, but we can always dream!
ReplyDeleteWhile I am sure a lot of these ADA claims are legit, from what I can tell many parents are bringing ADA claims when they would really rather litigate constitutional issues. The irony is that the ADA gives parents a statutory cause of action for violations by the Judicial Branch and family court judges, while there is no effective means of brining constitutional challenges.
ReplyDeleteI think the issue is that due process rights and constitutional rights violations occur with considerably greater frequency when you have persons with disabilities involved, particularly those with invisible disabilities. From my own personal experience theses violations are egregious and flagrant, yet judges and attorneys truly believe that people with disabilities deserve to be mistreated because they are less than human. It is an absolutely horrible situation. What's worse this attitude extends to children with disabilities whose needs are completely neglected and disregarded leaving vulnerable children at risk of permanent mental health and physical injury.
ReplyDeleteI would also add that in family court just completely denying a litigant any rights whatsoever and trampling over that person's basic human dignity occurs in an extraordinarily high number of cases purely based upon the excuse that the individual has an unnamed mental health disability that somehow justifies judicial abuse. This is the most inhumane of circumstances that I still cannot even begin to fathom. Few people in the modern world escape some form of mental health diagnosis and treatment and yet if that can be used as the basis for suspending all of a citizen's constitutional rights, we might as well, as Ed Vargas stated, be living in North Korea.
DeleteI would also add that in family court just completely denying a litigant any rights whatsoever and trampling over that person's basic human dignity occurs in an extraordinarily high number of cases purely based upon the excuse that the individual has an unnamed mental health disability that somehow justifies judicial abuse. This is the most inhumane of circumstances that I still cannot even begin to fathom. Few people in the modern world escape some form of mental health diagnosis and treatment and yet if that can be used as the basis for suspending all of a citizen's constitutional rights, we might as well, as Ed Vargas stated, be living in North Korea.
DeleteFamilies with disabilities are more subject to exploitation in family court. A family with a disabled member and any wealth is a magnet for the worst of the industry.
ReplyDeleteI am with you there absolutely.
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