The case of Joan, the four-year-old boy who has had to be handed over to the birth mother three years after being given a couple in Valencia in preadoption, is the dramatic story of the day. A complex situation in which both parties have their arguments and reasons.
Just as the birth mother published an open letter to publicize her version, so did Alberto Bordes, the child's pre-adoptive father, in his name and that of his wife, in this letter:
Open letter from the pre-adoptive father
Adopt in Spain
In any Central African tribe they have fairer laws and apply them better than in Spain.
Having spent many years hoping to adopt in China, they told us from the Ministry of Welfare of Valencia that we could open the door of national adoption. Seeing the years that had passed, we decided to do it and go through all the processes of suitability until we were considered fit for national, which curiously is not the same as being suitable for international adoption. After a while they called us for a proposal to adopt a child from Oviedo. We accepted immediately and traveled to Asturias to have a new assessment because that was not enough for our colleagues in Valencia ... We are already three times suitable ... A week they called us from Oviedo to tell us that they had chosen us from among three others Families that went there to be valued.
All the effort had been worth it, because Joan finally reached our lives ... We went through an adaptation process in Oviedo that was incredibly fast, thanks in large part to the excellent work of the professionals who took care of our son's care. Joan came to Valencia when she was only 18 months old and quickly joined. Family, friends, school ... entered our lives to stay with us for ALWAYS.
"When there is an absurd and Kafka legislation on adoption, the result is SUFFERING"
After a while, it was time to renew the documentation for international adoption, but we renounced it, because our son was already with us ... No one could imagine the hell that destiny held for us. The day came to ratify Joan's adoption process, which we and the biological mother did voluntarily. But after a few months, and under the influence of an unstructured family, which had up to nine interventions of the administration for episodes of abuse and physical violence, they challenged their consent to adoption, and the case reached the court of 1st instance number 7 of Oviedo He ratified (how could it be otherwise) that the entire adoption process had been correct both in the first instance and in the appeal.
But when the case reached the Provincial Court of Oviedo, the "magistrates" based on the report of a single "Psychologist" who made after a single session, decided to break down the entire child protection system and ordered the immediate delivery from the child to his biological family. This order was to be executed by the judge of the 1st instance, who was able to oppose and maintain her initial decision, since an appeal had been filed to the Supreme Court who will ultimately have to decide on Joan's future. The criteria of the Ministry of Oviedo, Prosecutor's Office for minors, and we who had appeared in the case along with their initial criteria were not sufficient, and decided to execute the order of their superiors based on a single report. Of course, we opposed this decision using judicial procedures for these cases, referring to a defect in form.
On Friday 29-7-16, the request for annulment of this sentence that forced us to surrender our son was still pending, and we who had started our vacation, decided to leave and isolate ourselves to spend peace with our son who could be our last summer together, since NOBODY had notified us of anything and being Friday last business day we thought that everything was postponed until September. We have NEVER abducted any child, as stated in some medium. Going on vacation and turning off the phone is no crime.
"Joan entered our lives to stay forever"
Upon returning from vacation we find that the Judge has ordered that the police look for us, the judge does not accept that the execution of the delivery be suspended until the Supreme Court decides, (even though there is a demand for deprivation of parental rights biological mother with witnesses included), The Supreme Court seems to have too much work to take care of the welfare of a child, and the Oviedo Ministry says it has no means to join our lawsuit to the Strasbourg court, to defend its position and being its responsibility, since Joan's guardianship remains his. Obviously someone has not done things well, but it is not us as an adoptive family and much less our son who has just turned four, and when there is an absurd and Kafka legislation on adoption, a public administration that is not prepared and a judiciary that disregards what they boast so much (PRIORITY IS THE WELFARE OF THE MINOR), the result can be no other ... SUFFERING
