When disabilities become weapons in family courts

Family courts play a pivotal role in safeguarding the rights and well-being of children during divorce and custody disputes. However, recent concerns have emerged about how disabilities are sometimes weaponized against families, particularly children, within the family court system. This issue underscores the need for a thorough examination of the accessibility and inclusive of family court procedures, specifically in cases involving individuals with disabilities.

In Colorado, Chief Justice Directive 04-07 emphasizes the importance of ensuring the accessibility and usability of court services and programs for individuals with disabilities. The directive outlines the need to make reasonable modifications to policies, practices or procedures to accommodate the needs of people with disabilities and to remove communication barriers by providing auxiliary aids and services. This legal framework aims to protect the rights and dignity of individuals with disabilities within the court system.

One area of concern that has recently come to light is the exclusion of accommodations for individuals with disabilities in Child and Family Investigator (CFI) and Parental Responsibility Evaluator (PRE) reports. These reports are often critical components in family court proceedings, influencing custody decisions and parenting arrangements.

When individuals with disabilities are involved in family court cases, their specific needs should be considered, and accommodations should be provided as necessary. However, the current system often falls short in this regard, as CFI reports frequently fail to address or accommodate disabilities appropriately.

For instance, consider a scenario in which a parent with a disability is subjected to a CFI investigation without receiving the necessary accommodations for their condition. In such cases, the CFI report may not accurately represent the parent’s capabilities or parenting potential, leading to a disadvantage in custody proceedings. This situation not only violates the principles of fairness and justice but also risks harming the best interests of the child involved.

In some instances, disabilities are weaponized against parents in family court disputes. The absence of accommodations in CFI and PRE reports can potentially lead to an inaccurate portrayal of a parent’s ability to care for their child, ultimately harming their chances of securing custody or visitation rights. Such discrimination based on disability is not only unjust but also contrary to the spirit of the law.

The Chief Justice Directive 04-07 provides essential guidance on accommodating disabilities in court proceedings. However, it does not explicitly cover CFI or PRE evaluations, leaving a gap in the protection of individuals with disabilities. This gap has allowed for potential discrimination in the courtroom, with CFI reports being used against parents with disabilities.

In light of these concerns, it is essential to reevaluate the family court system’s handling of disabilities in custody and visitation cases. Steps should be taken to ensure that:

• CFI and PRE evaluations are conducted with proper accommodations for individuals with disabilities.

• The accessibility and usability of court services extend to all aspects of family court proceedings.

• Discrimination based on disability is eradicated from family court decisions.

Family courts adhere to the principles of Chief Justice Directive 04-07 and make reasonable modifications to accommodate disabilities in all relevant evaluations.

The weaponization of disabilities in family courts represents a serious concern that threatens the principles of fairness, justice and the best interests of the child. It is imperative that family courts take immediate action to address this issue, ensuring that individuals with disabilities are not unfairly disadvantaged during custody and visitation proceedings. By upholding the principles of inclusive and accommodation, we can create a more just and equitable family court system that truly prioritizes the welfare of all children involved.

Judi Atwood is an independent writer specializing in assisting domestic violence victims as they navigate family court proceedings. Her experience spans over a decade within the Boulder County Courts, where she has encountered numerous Parental Responsibility Evaluator (PRE) and Child and Family Investigator

(CFI) reports that lacked accommodations and clear guidelines regarding ADA accommodations. Additionally, she holds the esteemed title of Certified Lead Advocate with the Amputee Coalition.