every day.49
58.
On November 9, 2015, the International Return Bureau, in its capacity as central authority of Paraguay
in the area of international return for the 1980 Hague Convention, requested execution of the judgment, and that
security mechanisms be developed to ensure the return of the child “to his country of customary abode residence,
that is, the Argentine Republic.”50
59.
On April 29, 2016, the clinical psychologist of Caacupé Regional Hospital reported that D. was
emotionally vulnerable, with symptoms of depression, anxiety, and others that were resulting in personality
disorders, concluding that his psychological health was not good enough for him to change environment.51
60.
On October 20, 2016, the Caacupé Court ordered meetings for restoration of ties between D. and Mr.
Córdoba from October 20 to 31, 2016, as well as psychological treatment for the boy. On October 21, 2016, the
International Return Bureau filed a motion for clarification of the resolution, referring to the impossibility of
complying as of the date on which it was issued, since Mr. Córdoba lived in Argentina, and therefore, for him to
travel to Paraguay, he had to carry out administrative formalities with the Argentine Ministry of Foreign Affairs
in order to obtain his tickets. The motion was denied since the Secretariat itself had proposed those dates.
However, the Court proceeded to reschedule the meetings for restoration of ties for November 7 to 14, 2016.52
61.
On November 21, 2016, the forensic social worker of Cordillera Thirteenth District reported to the court
that consideration needed to be given to enabling Mr. Córdoba to acquire tools for relating to an adolescent in
order to promote a plan for them to get to know each other and so that D could “feel less forced and observed.”
She added that it was of concern that the Public Defender for Juveniles manifested “a lack of interest when [S.]
doesn’t even know her, and over time she has not reached out to ascertain the true situation in the field.”53 On
December 28, 2016, the Duty One Juvenile Court of Caacupé resolved to continue the plan for restoring ties
between the child D. and Mr. Córdoba from January 16 to 20, 2017, and to continue the psychological support for
the child.54
62.
On January 5, 2017, the central authority of Argentina for the Inter-American Convention on the
International Return of Children forwarded a call issued by the First Court of Guarantees of Moreno Judicial
Department - Gen. Rodríguez, in a document titled “D.G.D.A S/International Return,” requiring “compliance with
the order for the return [to that jurisdiction of the child D] as a matter of urgency.”55
63.
On January 19, 2017, D. stated to First-Instance Juvenile Court of Caacupé that he was 12 years old, lived
with his maternal aunt, attended a soccer school and catechism classes, and that he wanted to remain in Paraguay
and had no feelings for his father. Mr. Córdoba indicated that they continually spoke badly of him in D’s presence,
which gave rise to a hostile atmosphere towards the father on the part of the child. Mr. Córdoba also maintained
that if the interaction had been more fluid, the results would have been better, and expressed his wish to continue
the restoration of ties and that the return be implemented.56
64.
On February 7, 2017, the central authority of Paraguay, in the framework of the return proceedings,
presented a request for restoration of ties guaranteed by the Consul General of Argentina in Paraguay, at the
Annex 28. Psychological report No. 60 Report of the forensic psychologist of the judiciary, dated September 1, 2015. State’s submission
of observations dated April 30, 2020.
50 Annex 29. Submission of the International Return Bureau of November 9, 2015. Petitioner’s submission of November 13, 2019, in the
framework of MC- 1188-18. CHECK CLOSELY. MADE INADVERTENT CHANGE AROUND HERE.
51 Annex 30. Psychological report on D., dated April 29, 2016. State’s observations submission of April 30, 2020.
52 Annex 31. Judicial Resolution A.I. No. 320 of the judiciary’s Cordillera District of October 26, 2016. Petitioner’s submission of November
13, 2019, in the framework of MC- 1188-18.
53 Annex 31. Judicial Resolution A.I. No. 320 of the judiciary’s Cordillera District of October 26, 2016. Petitioner’s submission of November
13, 2019, in the framework of MC- 1188-18.
54 Annex 32. Document sent by Lissa Ruth Benitez to the First Duty Juvenile Court of Caacupé. Petitioner’s submission dated April 18,
2017.
55 Annex 33. Note No. 211/17, of January 5, 2017, issued by the central authority of Argentina for the Inter-American Convention on the
International Return of Children. Petitioner’s submission dated April 18, 2017.
56 Annex 34. Record of the hearing of January 19, 2017, in the First Instance Juvenile Court of Caacupé. Petitioner’s submission dated
April 18, 2017.
49