The Social Cassation Chamber of the Supreme Tribunal of Justice (TSJ) of Venezuela issued a ruling in case 25-196, number 129, ordering a preventive measure for the immediate family reunification of Maikelys Antonella Espinoza Bernal, detained without her mother in the United States.
The decision is based on the absolute priority of the child’s best interests, the right to be raised by her family of origin, to breastfeed, to maintain a mother-child relationship, and to obtain identification documents.
The ruling establishes that the forced removal of the girl by US authorities occurred in an «arbitrary and abusive manner without taking into consideration her best interests,» which caused a «psychological and biosocial trauma to her effective and healthy development.»
In response, the Social Cassation Chamber of the Supreme Court of Justice declared itself «competent to hear the case of the girl (…) who is being illegally detained without her family in the United States of America» and ordered urgent measures on her behalf.
Among the key provisions, the Supreme Court decreed the reunification of the girl with her mother, Yorely Escarleth Bernal Inciarte, who remains in Venezuelan territory. Custody was also granted to the mother, highlighting that this is an inherent attribute of the parental authority.
In addition, the court ordered the immediate return of the girl to Venezuela “in a safe and healthy manner”, instructing national authorities to activate legal, diplomatic, and multilateral mechanisms to ensure compliance with the measure.
The Supreme Court ordered the Public Prosecutor’s Office and the Office of Consular Relations to use all legal, political, diplomatic, and multilateral mechanisms to ensure the sacred integrity of the Venezuelan family is respected.
It also ordered the Attorney General’s Office to take international action for the girl’s return.
The ruling reaffirms Venezuela’s commitment to the Convention on the Rights of the Child and the international treaties that guarantee her protection in cases of forced separation.
The measure seeks to safeguard the girl’s integrity and emotional stability, ensuring her return to her family.