The fight of the Lanús

Pablo Lanús and Elena Moreno Vivot with their children (Facebook)
Pablo Lanús and Elena Moreno Vivot with their children (Facebook)

Pablo Lanus Y Elena Moreno Vivot They are the parents of five children: Alfonso, Catalina, Marcos, Mateo and Santiago. On January 7, Santiagosix years old, died from the blow of a branch that broke off the tree under which they ate with other family members, as always, in a field in General Madariaga. Pablo and Elena went into shock. The boy’s uncle, Eduardo “Coco” Oderigo, founder of Espartanos, the organization that uses rugby and spirituality to accompany people deprived of their liberty, took him to the hospital. The doctors tried to revive him, but nothing could be done.

Solidarity and faith are central to the life of this family. in dialogue with infobae, a relative tells that “the supernatural look of Pablo and Elena led them to think that this is the way that Santi had to help make the case known.” Because this didn’t start now. The adoption petition to become the parents of “José” (we protect his real name), the almost four-year-old boy who was raised as a transit family since he was four months oldbegan at the end of 2021. “We had been thinking about telling the story before and we finished deciding after what happened with Santi,” says this relative.

And how is the story? In March 2019, Pablo and Elena were encouraged to become a transit family and contacted a San Isidro home for boys and girls. “They never thought of adopting,” they say from the environment. “That was clear from the beginning. They were never of the idea of ​​adopting. They had five children. They took it as a family project from six months to a year, as an example of commitment to their children.

The procedure, regulated by the laws of each province and the City of Buenos Aires, allows a family (also called “fostering” or “shelter”) to house or take care of children temporarily and exceptionally until a judge or judge orders them to return to their family of origin or declares their situation of adoptability. It is a way of replacing the classic homes, especially in the case of the smallest ones, which require more stimulation and closer contact.

The shelter measures must last, by law, a maximum of 180 days. But this rarely happens. Why? The problem is not that Justice is slow or vague, as we usually think, but that they are extremely complex cases. There are no single solutions and it is difficult to determine what is in the best interest of the child. Reports of all kinds, details, opinions of different specialists, opinions of the advisor for minors, etc. are required. The decision to separate a person from their biological family is not easy, there are usually twists and turns (for example, because fathers or mothers with problematic substance use have periods of recovery and relapse) and, in addition, it is necessary to prioritize the extended family. All this is not done in six months.

Pablo Lanús and Elena Moreno Vivot (Facebook)
Pablo Lanús and Elena Moreno Vivot (Facebook)

In the case of José, there was an additional detail: the pandemic. Elena and Pablo welcomed the baby, then four months old, in August 2019. In March 2020, the isolation due to Covid-19 began. Everything was delayed and the baby’s adoptability was only resolved at the end of 2021. “Due to a lot of circumstances, errors, from the home that was overwhelmed by the pandemic and lost contact with José, from the Justice that took time to decide adoptability, of the biological family, of things that the adults did, the six months established by law became three and a half years”, he told infobae a relative of the Lanús-Moreno Vivot family.

At this time, the child naturally He became a member of the house. He learned to walk, said “mama” and “dad”, grew up with other children whom he experienced as his siblings (especially Santi, the youngest, who passed away), went to the same school as the children of the couple and received neurological attention and stimulation because it has a maturational delay.

This is the reason why Elena and Pablo decided to ask for the adoption of José. They believe that, having passed so much time, the boy established such an attachment to the family that separating him now would imply a new tear in his life that would affect him irremediably. “This is not about them,” the family explains. The second year they took him home twice a week because with five children in the pandemic they were overwhelmed. “It is clear proof that they never thought of adopting,” they say, “but here we are not seeking to defend their right, but rather José’s best interests.”

In fact, the Lanús-Moreno Vivots agree with the legal rule that prohibits families from adopting children they receive in transit. “Elena and Pablo are in favor of not allowing direct delivery because the system is designed that way to prioritize the interest of the boys. If it were always enabled, many people would sign up for a traffic guard and later convert it into an adoption, avoiding the proper controls, even with the risk of money being involved”, they refer from the family environment.

What they propose is that, as was done in many other cases (there are even precedents from the Supreme Court), attention to the special situation of José and, as an exception to the aforementioned prohibition, they are granted custody for adoption purposes even though they have been their family in transit. They do not claim that this is automatic. They only ask that the complexity of the case be analyzed, that all the corresponding socio-environmental reports be made and, above all, that the child be listened to.

“The juvenile advisor never met with José to see his situation, meet the family and understand the context and particularities of the case,” said the person close to the couple in dialogue with this medium. Initially, a first instance judge ordered a series of reports to be made with the intervention of a social worker, a psychologist and a psychiatrist who, according to the family, were conclusive as to the fact that the Lanús-Moreno Vivots are ready to godson José and that a new tear would be detrimental to him.

But The advisor, who represents the interest of minors, took the case to the Court of Appeals and a new judge began to intervene who stuck to the cold letter of the law: families in transit cannot become adopters. With that criterion, He ordered Elena and Pablo to immediately deliver José to the home of boys and girls, where he arranged that they could visit him. But at the end of 2022 the home said it had no vacancies and was also unwilling to receive visits from the transit family. Since then, the issue has been in a kind of limbo and there is now a magistrate on duty in court for the judicial fair.

“We understand the position of Justice, we understand the position of the home (which does a spectacular job beyond the fact that it may be wrong in this case) and we defend the general rule of law so that the system is not distorted,” says the surroundings of the Lanús-Moreno Vivot family. “We only ask that the child be listened to and that his interest be prioritized. Not Pablo’s, not Elena’s or those who are on the waiting list to be parents. We want the best thing to be decided for José and we believe that this is staying in this family”.

Keep reading:

The fight of the Lanús-Moreno Vivot so that Justice does not take away the child they raised