||Editorial El Periodiquito
***The lady indicated that with an “inexplicable” decision a court decided to take away custody of the children***
Gabriela Mijares Pacheco is the mother of a boy and a girl, 9 and 8 years old, respectively, who, faced with the threat of taking custody of her and giving it to the father, by decision of the trial judge Rosany Farias in the Protection Court in the Aragua state, made the complaint public, alleging that he is a victim of vicarious violence.
This type of action includes all that behavior carried out consciously in which children are instrumentalized by men, to cause extreme pain to their mothers, in this case, depriving her of custody without foundation.
As revealed, there is a “profound violation of due process”, exercise of defense and effective judicial protection and the best interests of the child, by the trial instance, under the knowledge of the Superior Court of the state of Aragua and contrary to what established in the Organic Law for the Protection of Children and Adolescents (Lopnna), since the trial was held in his absence, due to a medical rest, “of which the court was aware.”
He added that it is a process that has been going on for five years, in which, although it is true that the parties have the right to file their complaints, he considers that his case is out of the ordinary and is “inexplicable.”
“Legally, it is out of the ordinary, they have delayed it for a long time and no decision made indicates that children are in danger,” he said.
THE FACTS
According to Gabriela Mijares Pacheco’s story, since 2019 the children’s father, named Pablo García Pérez, has filed more than 10 complaints in criminal, protection and administrative instances, which led her to subsequently introduce the “Forced Execution of the Regime of Maintenance” and the request to modify the Coexistence and Maintenance Regime, but a month later, the counterparty did the same for Custody, due to alleged maternal imprudence in the area of health.
“I have always shown all the evidence that I am a diligent mother, especially when it comes to children’s health,” she said.
At the end of that same year, she presented all the elements to demonstrate her maternal diligence and regular compliance with the Coexistence Regime, as well as everything related to the father’s failure to support him (he only contributes $20 for each child), this as a necessity. that the coexistence regime was changed for the tranquility and well-being of minors.
At the same time, they processed said legal actions, Custody (by the father), and cohabitation and support (demanded by the mother) and they never proceeded with the forced execution of support.
Once the substantiation phase was over, the Trial phase continued in 2024 and in his absence due to rest, due to serious injuries caused by García Pérez at the school where the children attend classes. On September 26 and 30, they opened the trial and held two trial hearings, instead of being deferred.
In this sense, he mentioned that he became aware not through a review of the case (he has not had access for two months), but through other channels and immediately filed an amparo action, through which he denounced the inaccessibility of the case and the conduct of the hearings, in ignorance of their right to health and to be present to incorporate new evidence that has arisen, “necessary and vital to refute the complaints” introduced by the father of their children.
“The evidence not only shows the maternal diligence, already recognized by a previous court, but also that given the father’s failure to provide support, the granting of custody requested was inadmissible,” he said.
He accused judges Juan Contreras and Ileana Guzmán of forcibly proceeding to execute a preventive measure, despite the request for revocation filed in violation of article 466, paragraph 2 of the Lopnna.
Motivated by this, he had to exercise control of the legality against that decision while waiting for the Social Cassation Chamber to rule, and currently filed an action for protection before the Superior Court of the state of Aragua, due to the circumstances that have arisen. given recently in the Trial Court.
Mijares Pacheco, who is a professional in Public Accounting, said that due to the legal issues he had to attend to in order not to run the risk of losing custody of his children, he found it necessary to resign from the position of manager at the head of a banking institution.
Likewise, he commented that in this legal career, children have been heard on several occasions, the last two both in the Protective Jurisdiction and in the Criminal Jurisdiction.
He mentioned that on both occasions they expressed feeling loved and protected by their mother, despite the fact that the child (male) appears affected by having been an eyewitness of the physical violence exercised by the father against the mother in 2022.
“That testimony, that manifestation of the children’s feelings, is not being taken into account by these Courts of Protection, but rather they respond to the inexplicable desire of a father who lives and does economic activity in another country, to take them abroad,” he said. .
EP photo
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