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Sentencia Cuido Enoc
Sentencia Cuido Enoc
The undersigned Judicial Secretary of the Local Civil Oral and Family Court
of Nueva Guinea Mr. Delvis Antony Maleaños Jirón, certifies the judgment
issued within the trial identified with the case number 000192-OCR2-
2023-FM, which integrates and literally says:
I.- On the twenty-first day of July of the year two thousand and twenty-three,
appeared at the Office of Reception and Distribution of Causes and Writings
(ORDICE), Mr. Santos Mario Álvarez Andrade of legal age, married, Lawyer
and Notary Public, of this address, identified with identity card number 089-
220562-0002T, card of the Supreme Court of Justice number 16,739, who
acts in the name and representation of Mr. José Enoc Guerrero Días, of legal
age, married, farmer, identified with identity card number 616-280178-0003K
of the address of Colonia Talolinga and Aurora Centeno Hernández, of legal
age, single, identified with identity card number 616-010884-0003P, of the
address of Jinotepe, Department of Carazo, requesting the Common Special
Way, Ratification of Agreement for the Payment of Alimony.-
II- Attorney Santos Mario Alvarez Andrade states that his principals in year
two
thousand eight decided to establish a de facto relationship and as a result of
that relationship they procreated a son named Enoc Abraham Guerrero
Centeno, fourteen years old and who voluntarily have made the decision to
enter into an agreement between the parties regarding the care and
upbringing of Enoc Abraham Guerrero Centeno that is exercised by Mrs.
Aurora Centeno Hernández, regime of communication and visits Mr. José Enoc
Guerrero Dias will be able to relate a purpose weekday every fortnight and on
school holidays and at the end of the year so shared between the father and
the mother, regarding the payment of alimony Mr. José Enoc Guerrero Dias
will pay one thousand three hundred every month, for clothing and footwear,
three thousand Cordoba on June 30 and December 30 of each year and school
expenses one thousand three hundred on January 2 and September 1 of each
year.-
III- By itself at twelve and thirteen minutes on the afternoon of July 25 of year
two thousand and twenty-three in accordance with articles 501 and 326 Cf.
the application was admitted for processing by meeting the requirements and
after having analyzed the documentary evidence consisting of public deed
number thirty-two called the extrajudicial agreement entered into before the
notarial offices of the Lawyer Abner Aminadab Alvarez Matute in the City of
Nueva Guinea on July 18 of the current year and there being no Litis to
elucidate in the present case, a sentence is issued.
CONSIDERING
I.- In accordance with the provisions of article 71 last paragraph Cn, says:
Children enjoy special protection and all the rights that their condition
requires, article 3 number 1) of the Convention on the Rights of the Child
says: "In all actions concerning children taken by public or private social
welfare institutions, the courts administrative authorities or legislative bodies,
a primary consideration that will be addressed will be the best interest of the
child, in accordance with Article 2 literal i), 326, 440, 433 subsection b and
450 Cf and having this Judicial verified that in the agreement reached between
the parties have guaranteed the rights of Enoc Abraham Guerrero Centeno.
II.- Also in accordance with article 326 Cf, which establishes that the father
and mother may by means of a public deed, enter into an agreement on the
alimony that must be passed to the son, daughter or person with disabilities,
but this must be ratified by the competent administrative or judicial authority
of the domicile of the beneficiary in accordance with this Code.
THEREFORE
In accordance with the factual and legal considerations set forth above and the
guiding principles of the Family Code (Cf), established in Article 2 and based
on Articles: 34 4, 71, 73, 160 Cn; Articles 3 numeral 1) and 27 of the
Convention of the Rights of the Child, 306-333, 2 subsection), 440, 450
second paragraph Cf Full Court agreement number 107- THE UNDERSIGNED
LOCAL JUDGE CIVIL FAMILY BY MINISTRY OF LAW OF NEW GUINEA ON
BEHALF OF THE REPUBLIC OF NICARAGUA RESOLVES:
I. Ratify the Care and Upbringing Agreement and the Communication and
Visits Regime and Payment of Alimony made through Public Deed Testimony
number thirty-two (32) called Extrajudicial Agreement on Care and
Upbringing, Communication and Visits Regime and Alimony Payment of food,
made before the Notarial Offices of Mr. Abner Aminabad Alvarez Matute, on
July eighteenth of the year two thousand and twenty-three, by Mr. José Enoc
Guerrero Dias and Aurora Centeno Hernández, presented by Mr. Santos Mario
Alvarez Andrade, all of general law in itself, which consists of the following:
I.1. -REGARDING THE CARE AND UPBRINGINGS: The parties agreed that
the care and upbringing of the minor Enoc Abraham Guerrero Centeno, will be
exercised by Mrs. Aurora Centeno Hernández, mother of the child. -
I.2. -REGARDING THE PERIODIC ALIMONY: The parties agreed that Mr.
José Enoc Guerrero Dias, will deposit in favor of his Enoc Abraham Guerrero
Centeno a periodic alimony for the sum of one thousand three hundred net
Cordoba (C$ 1,300.00), monthly, those that will pay as of July 30 of the
year two thousand and twenty-three and so on in that date each month.
I.4.- REGARDING SCHOOL EXPENSES: The parties agreed that Mr. José
Enoc Guerrero Dias, will deposit in favor of his Enoc Abraham Guerrero
Centeno, the sum of one thousand three hundred net Cordoba (C$
1,300.00), twice a year, on January 2 and September 1, starting its first
payment on September 1 of the year two thousand and twenty-three.
I.5.- REGARDING MEDICAL EXPENSES: The parties agreed that Mr. José
Enoc Guerrero Dias, will pay fifty percent 50% of the medical expenses, which
will be delivered directly to Mrs. Aurora Centeno Hernández, she each time her
son Enoc Abraham Guerrero Centeno needs it with a previous medical
certificate from the hospital or health center public and pharmaceutical bill on
letterhead.
Everything agreed herein will be deposited in the single alimony system of the
Ministry of the Family Adolescence and Childhood of Nueva Guinea, by Mr.
José Enoc Guerrero Dias and will be withdrawn by Mrs. Aurora Centeno
Hernández, on behalf of her son Enoc Abraham Guerrero Centeno.
II.- In case of delay in the payment of the alimony established without
justified cause, the defendant must pay an additional two percent for each
month of delay, all in accordance with article 325 Cf-Copy and notify.
This certification is extended in two useful pages that I sign, seal and initial for
the purposes of law, in the city of Nueva Guinea on the twenty-eighth day of
the month of July of the year two thousand and twenty-three.
DEANMAJI
NICARAGUA REPUBLIC
SUPREME COURT OF JUSTICE
The undersigned Secretary by law of the Most Excellent Supreme Court of
Justice of the Republic of Nicaragua, certifies that the above signature and
says ILLEGIBLE is authentic and corresponds to the one who uses by:
TRANSLATED BY:
The undersigned, Noel Ernesto Prado Velásquez, of legal age, single, civil
engineer, Nicaraguan identity card 001-180854-0037F with sufficient
knowledge of the English language, attest that said document has been
translated from Nicaraguan Spanish into English of the United States of
America in correct way.