significant.” In addition, it indicated that the crux of the matter is the conflict between the
biological father’s subjective right to have his daughter, which is resolved taking into
consideration the time elapsed from the day after her birth to the date of the judgment,
“which makes it totally undesirable to change the child’s situation, owing to the pernicious
effects this would have on her psyche and the development of her personality.” The
determination of the best interest of the child “is full of subjectivities and depends on the
scale of values of the judge, of his ideological formation, of his life experience, and also of
those who take part in the decision, which, in addition, is arbitrary, because when the
results become evident, time will have consumed many years of the life of [M].”39
38.
On December 4, 2003, Mr. Fornerón filed a special federal appeal, which was denied
on April 2, 2003, because it did not comply with the formal requirements of admissibility.40
Case entitled “Fornerón Leonardo Aníbal Javier Ref/Visiting rights,” file No. 3768
39.
On November 15, 2001, Mr. Fornerón filed proceedings for visiting rights. On March
13, 2002, the Civil and Commercial Court of Rosario del Tala declared itself incompetent
“because the pre-adoption guardianship of the [child] was being processed […] before the
Civil Court of Victoria,” a decision that Mr. Fornerón appealed on March 18, 2002. On April
18, 2002, Mr. Fornerón’s lawyer, “[b]ased on the status of the case file and the time that
had elapsed without the appeal having been admitted, ask[ed] that the case file be
forwarded to the court of Victoria, [province] of Entre Rios.” On April 22, 2002, orders were
given for the case file to be forwarded to the Civil and Commercial Court of Victoria. On
November 25, 2003, Mr. Fornerón reiterated his request that a visiting regime be
established. The first instance judge of Victoria declared himself competent to hear the case
on April 7, 2004. On April 8, 2005, Mr. Fornerón appeared “spontaneously” and “without his
lawyer” requesting “that a hearing be convened to establish a visiting regime.” 41 The
hearing was held on April 29, 2005, with the presence of Mr. Fornerón and the couple B-Z.42
40.
On May 19, 2005, Mr. Fornerón’s lawyer submitted his proposal for a visiting regime,
indicating that the expert witness he offered had recommended, inter alia, that the
meetings should take place close to where M lived; hence, Mr. Fornerón’s representative
proposed “the Permanent Human Rights Assembly as the appropriate environment for the
meetings between the [child] and her father.” That same day, he requested the joinder of
39
Cf. Judgment of the Civil and Commercial Chamber of the Superior Court of Justice of Entre Ríos, supra
note 38, folios 234, 235, 240 and 241.
40
Cf. Special federal appeal of December 4, 2003 and judgment of the Civil and Commercial Chamber of the
Superior Court of Justice of Entre Ríos of April 2, 2004 (file of attachments to the Merits Report, attachments 19
and 20, folios 246 to 266). In its judgment, the Superior Court of Justice of Entre Ríos denied the appeal, inter alia,
because “the appellant had not complied with the formal requirement that the appeal brief must be sufficient in
itself, avoiding any consideration about the background or facts of the case […], entering directly into the grounds
for the appeal, all of which would prevent its formal admissibility. Despite this […], it should also be specified that
the attempted appeal is not admissible either because the federal aspect was not introduced appropriately and
opportunely on the first occasion that the jurisdictional proceeding offered the appellant.”
41
Cf. Brief filing proceedings on visiting rights of November 15, 2001; decision of the Civil Judge of Rosario
del Tala of March 13, 2002; brief of Mr. Fornerón’s lawyer requesting that the case file be forwarded of April 18,
2002; order to forward the case file of the Civil Judge of Rosario del Tala of April 22, 2002; brief requesting a
visiting regime of November 25, 2003; brief of the first instance judge of Victoria of November 25, 2003; brief
answering the request of the first instance judge of Victoria of November 25, 2003; Declaration of competence of
the first instance judge of Victoria of April 7, 2004; record of the appearance of Mr. Fornerón before the first
instance judge of Victoria of April 8, 2005, and record of hearing held on April 29, 2005 (file of attachments to the
Merits Report, attachments 21, 23, 24 and 25, folios 268 to 271, 303 to 305, 307, 308, 314, 316, 317, 321, 329
and 331).
42
In the summons to the hearing, the judge convened Mr. Fornerón and the couple B-Z with the child.
14