2023-04-27 07:01:00
Jorge Luis Borges describes the sea in this poem:
“Before dreams (or terror) wove mythologies and cosmogonies, before time was coined into days, the sea, the always sea, was already there and was.”
“Who is the sea? Who is that violent and ancient being that gnaws at the pillars of the earth and is one and many seas and abyss and splendor and chance and wind?
“Whoever looks at it sees it for the first time, always. With the astonishment that elemental things leave behind, the beautiful afternoons, the moon, the fire of a bonfire”.
“Who is the sea, who am I? I will know it the day after the agony”.
Why do we start this column with a poem about the sea? Because, like the sea, the law has no routines. The sea behaves differently every day.
Likewise, the right. By not ignoring the particularities of each person, it behaves in multiple ways in its application. For this reason, judges, lawyers and legal operators must listen to the demands of the defendant and not respond in a standardized way. Serve what has been said as a prologue to this story.
The case was referred by legal counsel for the purpose of obtaining an agreement by delegation of the exercise of parental responsibility under the terms of article 643 of the Civil and Commercial Code (CCyC).
Once the mediation is open, Nora says that she went to the counseling to find out about the hospitalization of Daniel, the father of her seven-year-old daughter Verónica, for addiction. She explains that the girl has lived at the house of her paternal grandmother, Irma, for a few months, because she (Nora) has another child with health problems. The only thing she asks is that Daniel be treated for drug addiction and alcoholism, which is what she understood when in her counseling they explained the referral to mediation.
In her turn, Irma tells us that she was summoned by the advisory to ask her if she could take care of Verónica, to which she replied that she was already doing so. She says that she has asked several times for Daniel in the same counseling to have him treated for addiction, since she is very concerned that her son will take Verónica to buy beer at night with his friends, alleging that he is the father. and does what he wants.
We called Daniel to incorporate him into the audience but he did not respond. For this reason, we explained to Nora and Irma that we made it clear that we spoke to both of them and if we were able to contact him, we would notify them so that we could arrange another meeting.
When we finally contact Daniel, he explains that his cell phone was turned off because he was working. He expresses that he already said in counseling that he is tired of his mother and Nora making complaints against him. He explains that he lives with her daughter and that he takes her for walks. He admits that he lives in the same house as her mother but that he doesn’t talk to her.
We asked if he understood the reason why the advisory was sending the case to mediation. He says yes, that it is to talk about the same thing: so that he can take care of his daughter, but that is what he is doing because he lives with Verónica.
We inform Daniel that the case was referred in order to find out if he agrees to delegate to Irma school, health issues and any other issue that requires presence to assist the girl, to which he replies no he wants that, that he doesn’t talk to his mother. He insists that it is he who takes care of his daughter.
We explained to him that it is important that he can have advice on what the delegation of the exercise of parental responsibility means, for which he can attend the other advice. By agreeing to attend, we set a new date to meet and notify Nora and Irma.
In the new audience we talked to them. Daniel, again, did not answer. There Irma asks us why she should meet him. We explained to him that the counseling sent the case to mediation so that both could agree and express their willingness to delegate the exercise of parental responsibility to Irma. The mother and Nora insist that their wish is for Daniel to have treatment, not something else.
Irma ratifies her concern that her son makes the girl participate in meetings with his friends and she cannot tell him not to. That she has no problem being with Verónica and taking care of her, but that they don’t talk to her son; they are always arguing. Nora expresses that she does not fully understand what the delegation of the exercise of paternity is about.
Due to these situations, which we were hearing in the course of the process, we explained to Nora that we were closing the mediation so that she could go back to court to explain her need again and provide her with advice on what she is asking for. In the same way it was explained to Irma. Thus, the attempt was closed without agreement (to be continued).
* Lawyer, mediator. Former defender of Minors and Disabled
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