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 163 °

File: number 62883

Reason: Unilateral exercise of parental authority

Applicant: Ana Gabriela Vivas Roa, Venezuelan, of legal age, holder of identity card number V.-
20.628.900.

This application begins at the request of the citizen Ana Gabriela Vivas Roa, Venezuelan, of legal
age, holder of the identity card number V.- 20,628,900 who, through a letter, requested the
unilateral exercise of parental authority about her daughter on her daughter. Sara Maria Parra
Vivas, born on January 15, 2019, according to birth registration number 49 dated February 14,
2019, issued by the Civil Registry of the San Cristobal municipality of the Táchira state.

Admitted to the application and met the requirements required in the Admission Order, the Single
Hearing established in Article 512 of the Organic Law for the Protection of Children and
Adolescents, girls and adolescents, was read and published the operative of the ruling, in Such a
sense, the citizen judge admits the evidence presented by the requesting party for being relevant
to the present case. However, it is relevant to bring up the content of articles 26 and 257 of the
Constitution of the Bolivarian Republic of Venezuela, namely:

Article 26: "Everyone has the right to access the justice administration bodies to enforce their
rights and interests, including groups or diffuse, to their effective protection and to promptly
obtain the corresponding decision. The State will guarantee a Free justice accessible, impartial,
ideal, transparent, autonomous, independent, responsible, equitable and expedited, without
undue delay, without useless formalisms or repositions "

Article 257: "The process constitutes a fundamental instrument for the realization of justice.
Procedural laws shall establish simplification,

uniformity and efficacy of the procedures and will adopt a brief, oral and public procedure. Justice
will not be sacrificed for the omission of non -essential formalities. "
In light of the aforementioned constitutional provisions, article 262 of the Civil Code provides the
following:

In case of death of the father or mother who exercises the parental authority, if any of them is
subjected to a question, of having been declared absent, of not being present or when for any
reason it is prevented to fulfill it, The other parent will continue to exercise only parental rights;
But if he had been deprived of it by judgment to judicial decision, he may not do so, after he has
been authorized or rehabilitated by the same court. "

He has established the Constitutional Chamber of the Supreme Court of Justice regarding
this rule, in ruling number 13-0332 dated April 30, 2.014 with the presentation of magistrate
Carmen Zuleta de Merchán, 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 and
deprivation of parental rights, there is an intermediate figure that admits the possibility of its
exercise unilaterally, by a single parent, for specific causes. Indeed, this last rule detaches five

assumptions that give rise to the exclusive exercise of parental rights for only one of the
parents; That is, these are situations where there is no deprivation of the exercise of parental
rights of one of the parents, one of the parents assumes it in solitude; except in regard to the
assumption of the question, which requires the opening of the respective interdiction procedure,
assumption that was recently included expressly among the new

Causes for deprivation of parental authority of the Organic Law for the Protection of
Children and Adolescents, which said assumption was repealed

implicitly and, therefore, excluded from this cast of situations that give rise

to the unilateral exercise of parental rights.

The first of these cases, previously indicated, offers no doubt, explains the extinction for
the mere fact of death. However, other cases require judicial intervention for verification. Indeed,
in the case of the absent declared, the judgment of

absence and the last two cases, related to the non -present or a reason that makes the
parent impossible for their exercise, without being able to subsumed in any of the cases
mentioned, also require a procedure with an activity

Intense probative to a competent judge. Being within this last assumption, for example,
the case of a hospitalized person in intensive therapy or a person deprived of his freedom, victim
of a kidnapping, or from whom he is unknown to absolve me his whereabouts, etc. (... omisis)
 Has established the Civil Cassation Chamber of the Supreme Court of Justice,

Regarding this rule, in failure number. 0065 of February 18, 2011, that "the internal
legislation of the Bolivarian Republic of Venezuela, establishes that parental authority and their
exercise are shared by the parents (article 349 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 a cause of exclusion that suspends the exercise of
parental rights (articles 352, 353 Eiusdem and 262 of the Civil Code, respectively).

This Chamber has made clear in the aforementioned ruling that "... In our legal system,
parental rights are lost due to extinction and deprivation, the latter is the loss of ownership that
the parent has through serious behaviors or omissions

that attempt against the infant to the adolescent ". While exclusion refers" ... to the
suspension of the exercise of parental rights because the father

You cannot exercise it because it is in a situation that prevents you

Doing it, without affecting the ownership of parental rights, then, even if it does not
exercise it, it maintains it. That "... therefore, exclusion is different from the deprivation or
extinction, then, refers only to the exercise of parental authority of the parent who cannot fulfill
his duties and faculties. "

However, such suspension obeys the unilateral exercise of parental rights because the parent or
parent cannot exercise it because he is in a situation that prevents him from doing so, without this
meaning, as the same jurisprudence says, that this is Affected in the right of ownership of parental
authority about your child, because, even when your exercise can be suspended, it keeps it full
and, therefore, exclusion is different from deprivation or extinction of parental rights Well, it
refers only to the exercise of parental authority of the parent who cannot fulfill his duties and
powers for some justifiable and verifiable reason.

Being that the Constitutional Chamber of the Supreme Court of Justice, a sphere where the
binding, peaceful and repeated criteria of the possibility of suspending the exercise of parental
authority to one of the parents at the request of the other, and being that it contemplates the
same contemplates the same, and being that it contemplates the same contemplates the
procedure to follow in these cases, thus corresponding to the application of the voluntary
jurisdiction procedure, article 898 of the Code of Civil Procedure

Establish the following:

"The judge's determinations regarding voluntary jurisdiction They cause a judged thing, but they
establish a distortable presumption "
The specific case, subject to the consideration of this judge, is inferred that from the appreciation
of the evidence presented by the requesting party, it follows that there are currently that the
citizen Ana Gabriela Vivas Roa is the one who is fulfilling the responsibility of parenting and
custody of the girl Sara Maria Parra Vivas, born on January 15, 2019, according to birth registration
number 49 dated February 14, 2019,

issued by the Civil Registry of the San Cristóbal Municipality of the Táchira State, as well as
everything related to its life, which states that the citizen Daniel Enrique

Parra Sanchez, head of identity card number V.-18.091.306, who is the girl's parent, is outside the
national territory, specifically in Miami United States. Now what was done at the hearing where
the parent of the parent was taken, to the like the video call made to the parent, as well as the
documentary evidence that were presented, admitted and valued by this court, which is why it is
limited in the exercise of compliance with the attributes derived from parental rights with respect
to their daughter, and that if any situation that requires its express authorization referring to
decision making in relation to any field in the life of the girl from the legal point of view, this fact
represents an impediment to effectively exercise the rights that assist them To the girl Sara Maria
Parra Vivas, meanwhile has remained

Show that she is the parent and today here applicant, citizen Ana Gabriela Vivas Roa, Venezuelan,
of legal age, holder of the identity card number V.-20.628.900, she has been responsible for
exercising the direct responsibility of her daughter, her daughter, mentioned above and therefore,
it becomes the parent who eventually arises the need to make size decisions in the life of his
daughter, circumstances that constitute in fact assumptions that have been left for granted by
means of the jurisprudential criteria above mentioned above The origin of a request for this
nature, namely, the aspect related to the non-presence of the parent for being in another country,
then corresponds to this court to ensure the rights of the girl for their free bio-psychic-social
development , in that sense, this judge considers that this request must prosper. And so, it is
declared.

Therefore, this fourth judge of the first instance of mediation, substantiation, and execution of the
Judicial Circuit of Protection of Children and Adolescents of the Judicial Circumscription of the
Táchira State, administering justice in

Name of the Bolivarian Republic of Venezuela and by the authority of the law, declares, with place
the request for unilateral exercise of parental authority.

Formulated by the citizen Ana Gabriela Vivas Roa, Venezuelan, of legal age, holder of
identity card number V.-20.628.900, as a parent of: Sara Maria Parra Vivas, born on January 15,
2019, according to birth registration number 49 dated February 14, 2019, issued by the Civil
Registry of the San Cristóbal Municipality of the Táchira State, on whom it falls, as of this date and
Exclusively, the action of parental authority of girls, unilaterally, being empowered to represent
their daughter in order to process acts from the civil, criminal and administrative point of view,
assume immediate commitments, opt for programs, Perform procedures with the power to travel
inside or outside the country with their daughter, as well as the power to request the necessary
authorizations for the girl to travel alone or with third parties inside or outside the country, if
necessary and any other procedure that exceeds simple administration, in short, to make decisions

immediate about relevant aspects and other acts aimed at the full and effective enjoyment
of their daughter's rights to free transit, recreation, and the right to health, among others. Enter
these actions to the interested party and leave in place certified copy for the court of the court.

Publish, register and leave a copy for the copier of

Judgment of this court and issue the certified copies and return the originals that are
necessary to the interested party.

Given, signed, sealed and endorsed in the Judicial Circuit of Protection of Children and
Adolescents of the State of Táchira, in San Cristóbal on the 16th day of the month of May 2022.
Year 212 of Independence and 163 ° of the Federation.

THE JUDGE;

ABG Yulima Carolina Garcia Zerpa

THE SECRETARY;

YCGZ/MAR/NSB
Proceedings. 62883
Reason: Unilateral exercise of parental authority

Seat number. 31

Date: 16-05-22

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both English and Spanish languages, and that I have duly and faithfully done an accurate and easy
translation of thy attached English document into Spanish.
Date 20/03/ 2023 Alpha inglés individual