g) On September 6, 2011, the date on which the first meeting between the
maternal grandparents and the child LM was to be held, the custodial family did
not arrive at the indicated place, and therefore the contact arrangement
ordered in the judicial decision of August 31 did not take place;
h) On September 20, 2011 the Court of Appeal for Children and Adolescents
rejected the appeal for annulment filed by the custodial family and confirmed
the order of August 31, 2011 in full, providing no further information on the
grounds of the decision;
i) On September 27, 2011 the first meeting took place between the child LM
and the maternal grandparents, in the presence of a forensic psychologist and a
social worker, in compliance with the order of September 31, 2011;
j) On November 7, 2011 the Ombudsman’s Office for Children and Adolescents
filed a brief before the Judge of first instance requesting that the measure be
extended to the biological parents;
k) On November 8, 2011 the Judge confirmed the court’s decision of August 31
(to not extend the contacts), providing no information on the grounds for the
decision;
l) On November 14, 2011 the Ombudsman filed a motion for reconsideration of
the previous decision, which was “ambiguously resolved without interaction
between the child and his parents,” according to the representatives.
m) On February 20 the O-A couple communicated to the Court for Children and
Adolescents that they had relinquished their role as the custodial family of the
child. In a hearing on this matter, which took place on the same day that this
Court held the hearing (supra Having Seen 6), the maternal grandparents
indicated that they would accept custody of the child LM, and
n) On February 24 the court issued an order revoking the custody of the child
held by the O-A couple and granted custody to the maternal grandparents.
6.
During the private hearing held in the instant matter, the State reported on
the contact arrangements made between the child LM and his biological family,
which it considered should be implemented in a gradual manner, starting with the
child’s maternal grandparents in order to prevent any harm to the child, and claimed
that it had complied with the provisional measures. Subsequently, the State
presented the order issued by the Court of Children and Adolescents of February 24,
2012 which revoked the custody of the child LM awarded to the O-A couple and
granted said custody to the maternal grandparents, and established the method and
conditions for the handover of the child. Consequently, the State requested that the
Court lift the provisional measures.
7.
The representatives, while acknowledging that a rapprochement had taken
place between the child LM and his biological family, claimed that the contact
arrangements ordered had not been implemented gradually, but rather minimally,
given that the arrangements only applied to meetings with the maternal
grandparents, at a shopping center, and that since the first meeting they had only
spent a total of 20 hours with the child. The representatives pointed out that the
Ombudsman for Children and Adolescents had requested, on several occasions, that
the contact arrangements be extended to include the parents of the child, something
that was rejected by the Court for Children and Adolescents, which interpreted that
the interaction with the “biological family” as indicated in the Order of the InterAmerican Court of July 1, 2011 did not include the parents. With regard to the
comments made by the State during the hearing, the representatives stated that no
final decision had yet been made and that the contact arrangements had not
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