BOLIVARIAN REPUBLIC OF VENEZUELA

POWER OF ATTORNEY

Judicial District of the Táchira State

Judicial Circuit of Protection of Children and Adolescents

Fourth Court of First Instance of Mediation, Substantiation and Execution.

San Cristóbal, May 16, 2022.

212 "and 16.3⁰

File: N ° 62883

Unilateral exercise of parental authority

Applicant: Ana Gabriela Vivas Roa, Venezuelan, of legal age.

holder of the identity card NR V.-20.628.900.

This request is initiated at the request of the citizen Ana Gabriela Vivas

Roa, Venezuelan, of legal age, holder of the identity card No. V.-20.628.900, who a

Through writing he requested the unilateral exercise of parental authority, on

his daughter. Sara Maria Parra Vivas, born on January 15, 2019, according to Registration

Birth No. 49 dated February 14, 2019, issued by the Civil Registry of the

San Cristóbal municipality of the Táchira state

Admitted the application and met the requirements required in the admission order,

proceeded to hold the single hearing established in article 512 of the Organic Law for the

Protection of children and adolescents, the operative of the failure was read and published in such

sense, the citizen judge admits the evidence presented by the requesting party for being

relevant to the present case. Now, pertinent it is to bring up the content of the

Articles 26 and 25 of the Constitution of the Bolivarian Republic of Venezuela, namely:

ARTICLE 26: "Everyone has the right to access the organs of

administration of justice to enforce their rights and interests, even

collective or diffuse, to the effective nusmos and to obtain with prompt

the corresponding decron. The State guarantee a free justice,

impartial accessible, ideal transparent, autonomous, independent,

Responsible, equitable and expedia, without undue delay, without formalisms or

Useless repositions. "

Articulate 257: "The process constains a fundamental instrument for the

realization of justice. Procedural laws will establish simplification,

muorming and efficacy of the procedures and will adopt a brief, oral procedure

and public will not sacrifice justice for the omission of formalities not

essential

In light of the aforementioned constitutional provisions, article 262 of the Code

Civil provides the following:

"In the death of the mother's father who exercises parental rights, if

I will find them in question of question, of having been

Declared absent, of not being present or when for any reason it is

find an order to comply with her, the other parent assume or

Demens +7.
will continue to exercise only parental rights; But if she speaks deprived of L

same by judgment to judicial decision, he may not do so but after

has been authorized or rehabilitated by the same court. "

The Constitutional Chamber of the Supreme Court of Justice has established species

Standard, in failure No. 13-0332 dated April 30, 2,014 with the presentation of the Magistra

Carmen Zuleta de Merchan, which

"... Additionally, in accordance with the provisions of the current article 262

of the Civil Code, it is observed that apart from the cessation due to extinction

Prvation of parental rights, there is an intermediate figure that admits the

possibility of its exercise unilaterally, by a single parent.

for specific causes. Indeed, from this ulma norm five are released

assumptions that give rise to the exclusive exercise of parental authority for not only

of the parents; that is, these are situations where although there is not a

deprivation of the exercise of parental authority of one of the parents, one of the

parents assume it in solitude, except in regard to the case of the

Internial, which requires the opening of the respective interdiction procedure

This was recently included among the new

Causes for deprivation of parental authority of the Organic Law for Protection

of children and adolescents, so that said I am repealed

Implicitly and, therefore, excluded from this cast of situations that Din Place

to the unilateral exercise of parental rights

The first of these cases, previously indicated, does not doubt.

Well, he explains extinction for the mere fact of death. However, the others

cases require judicial intervention for verification. Indeed, in the

case of the declared absent is required that the uicio of

absence and the last two cases, related to the non -present or a reason that

impossible to the parent his exercise, without being subsumed in any of

The aforementioned cases also require a procedure with an activity

Intense probative to a competent judge. Being within the latter

supposed, for example, the case of a hospitalized person in soul or

a person deprived of his liberty, victim of a kidnapping, or from whom

I don't know about your whereabouts, etcètera (omisis)

Has established the Civil Cassation Chamber of the Supreme Court of Justice,

Regarding this rule, in failure No. 0065 of February 18, 2011, that the

internal legislation of the Bolivarian Republic of Venezuela, establish that the

parental authority and exercise are shared by parents (article 49 of the

Lopnna). However, parental rights can be granted to only one of them if

A court declares the deprivation of ownership or if there is an ausal of

exclusion that suspends the exercise of parental rights (articles 352, 353

Ademy 262 of the Civil Code, respectively).

This Chamber has made clear in the aforementioned failure that in our system

Juridical parental authority is lost by extinction and deprivation, this or

loss of ownership that the parent has through serious behaviors or omissions

that attempt against the infant to the adolescent. "while the exclusion is

refers to the suspension of the exercise of parental rights because the father

He would not be able to be in a situation that prevents him

do so, SM that this affects the ownership of parental authority, then, even when

Do not exercise it, it maintains it that therefore, exclusion is dissent to the