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b) The preceding decision was adopted within the main proceeding concerning the
custody of L.M., initiated on August 5, 2009 (almost since the child’s birth). All those
involved are participating in this proceeding. According to information provided by the
State to the Commission, all the procedural norms that govern the children and
adolescents jurisdiction establish summary proceedings, so that the first instance court
has merely six days to deliver a ruling, and the courts of appeal have only 10 days in
which to rule.37 This case is paralyzed owing to the current apparent impossibility of
establishing an appeals court.
c) On November 16, 2009, L.S. and V.H.R., apparently the biological mother and
father, registered L.M. as their son with the Civil Registration Directorate General;
d) In November 2009 and February 2010, respectively, the O-A family filed two
petitions against L.S. and V.H.R., namely: for forfeit of parental authority against the
former and to challenge the paternity of the latter. In the second proceeding, the court
ordered three DNA tests to confirm the biological relationship; only one of these had
been performed (the results of which were not advised), because the O-A family has
not come forward with the child for the second test and has filed an appeal against the
decision expanding the evidence.
e) Since July 2010, a criminal proceeding has apparently been underway for
“abandonment and other” offenses against V.H.R. and L.S., in which charges have
been filed as well as a request to hear the case in a public oral proceeding.
f) In November 2010, members of the child’s biological and “extended” family, in other
words his father, mother and maternal grandparents, filed petitions requesting custody
of the child, and a “provisional contact regime” with him, in three judicial proceedings,
which have not been decided;
g) Seven domestic judicial proceedings are underway in relation to the matter of the
child L.M., and no final decision has been reached in any of them. In several of these
proceedings there have been a number of disqualifications and recusals of the judges
from the children and adolescents jurisdiction, whose turn it was to hear the case, and
this has caused major delays.
9.
The Court observes that the child L.M. is in the provisional custody of a family that,
when custody was granted, was taking steps to adopt a child. Thus, since the birth of the
child L.M. – who is almost two years old – he has been separated from his biological family,
without, currently, having any type of contact with the alleged family members; in other
words, in the terms used in the request for provisional measures, with his biological
“nuclear” and “extended” family. This is occurring because no final judgment has been
handed down in the said proceedings and owing to the alleged lack of response by the
domestic courts to the specific requests for custody and for a “contact regime” that would
allow the child and his family of origin to maintain a relationship through a visiting regime.
10. Regarding this failure to “decide the proceedings,” the State indicated that this was
not due “to the indifference of the domestic courts, but rather to compliance with the
current laws, which are in keeping with the international treaties signed by the Republic of
Paraguay.” Although it is not incumbent on the Court, within the framework of a request for
provisional measures, to assess the compatibility of the laws of Paraguay with the
Convention or other treaties, it is relevant that the State submitted as an attachment to its
37
Cf. Response of the State of Paraguay to the IACHR of August 23, 2010 (attachment 13 to the request
for provisional measures submitted by the Commission).