Mecklenburg County Clerk of Superior Court
`
`STATE OF NORTH CAROLINA
`
`COUNTY OF MECKLENBURG
`
`IN THE GENERAL COURT OF JUSTICE
`DISTRICT COURT DIVISION
`
`Pola Aviles Vasquez
`Plaintiff/Aunt,
`
`vs.
`
`Arcadia Aviles and Leonidas Garcia
`Defendants/ Mother and Father.
`
`
`
`: File No, 24CV015789-590
`:
`
`:
`:
`:
`:
`:
`
`COMPLAINT FOR CHILD CUSTODY
`and
`MOTIONfor
`EX-PARTE EMERGENCY CHILD
`CUSTODY
`N.C. Gen, Stat. §50-13.1, §50-13.5
`Local Rule 11
`
`NOW COMES Plaintiff, by and through counsel, whoalleges as follows:
`
`I.
`
`Plaintiff (“Aunt”) has resided in North Carolina for at least six (6) months preceding the
`filing of this action.
`
`Defendants (“Father and Mother’) are a foreign nationals and residents of Honduras.
`
`This action is to determine custody of the minor child: Gabriel Antonio Garcia Aviles,
`born April 14, 2006.
`
`The minorchild is a citizen of Honduras.
`
`The minorchild is unmarried.
`
`Pursuant to the information required in NC Gen. Stat. §50A-209, during the past, five
`years, the minor child has lived with:
`
`PERIOD
`
`ADDRESS
`
`PERSON LIVED WITH
`
`PRESENT
`ADDRESS
`
`
`March 2024 — Present
`
`North Carolina
`
`Plaintiff/Aunt
`
`North Carolina
`
`
`
`
`
`February 2024 —
`United States
`USDHHSYouth Shelter
`
`March 2024
`Birth — February 2024
`
`Honduras
`
`Father and Mother
`
`Honduras
`
`7.
`
`8.
`
`The minor child was raised in Honduras by his Mother and Father.
`
`The minorchild entered the United States in or around February 2024, unaccompanied.
`He fled Honduras to escape the violence and unsafe living conditions. He made the
`difficult and dangerous journey withouthis parents.
`
`Electronically Filed Date: 4/8/2024 11:00 AM Mecklenburg County Clerk of Superior Court
`
`

`

`Uponentering the United States, the child was housed in a Youth Shelter run by the U.S.
`Department of Health and Human Services. He waslater released to the care of his Aunt,
`the plaintiff in this action. Aunt resides in North Carolina.
`
`10.
`
`Auntis providing: love, care, security, food, shelter, and medical care for the minorchild.
`She has agreed to act in the best interest of the child. It is in the best interest of the minor
`child to remain in the United States with the Aunt.
`
`11.
`
`The Mother and Father are not providing her with any funds to help support the child.
`Additionally, they have not demandedthat the child be returnedto their care.
`
`12.
`
`Aunt is concerned that if the minor child were returned to Honduras, there would not be
`anyoneto care for him.
`
`13.
`
`In addition, the concern for the safety, security and overall good health and life is a major
`concern for the minorchild if the child was to return to Honduras, given the level of
`violence and instability of government.
`
`14.
`
`Asthe Aunt, Plaintiff has legal standing to bring this action for child custody.
`
`15.
`
`This Court has jurisdiction to make judicial determinations about the custody and care of
`the minor child pursuant to N.C. Gen. Stat. Chapter §50A-204, and §50-13.5(c) (1) and
`(2).
`
`16.
`
`The minorchild is dependent upon this Court to make a child custody determination.
`
`L
`
`CUSTODY CLAIM
`
`17.
`
`The Mother and Father neglected and abandonedthe minor child. They allowed him to
`make the dangerous journey from Hondurasto the United States, unaccompanied.
`
`18,
`
`The Motherand Father have failed to support the minor child emotionally and
`financially.
`
`19.
`
`Reunification with the Mother and Fatheris not viable due to abuse, abandonment,
`neglect, or a similar basis under North Carolina law.
`
`20.
`
`Asthe person who has cared and provided for the minor child since he entered North
`Carolina, Aunt has established a parent-child relationship with the minor. Additionally,
`Motherand Father have not requested that the child be returned to their care, thereby
`ceding their parental authority to Aunt. Accordingly, she has legal standing to bring this
`action for child custody.
`
`21.
`
`As aresult of abandonment and/or neglect by Mother and Father, the child is eligible for
`long-term foster care under North Carolina law.
`
`

`

`22.
`
`It is in the best interest of the child for custody to be awarded to the Aunt. The Auntis fit
`and proper person to have exclusive care and control of the minor child. The Aunt has a
`safe and suitable home and hasthe time, ability, dedication, and financial resources to
`care for the minor child. The Aunt is committed to the safety, education, and well-being
`of the minorchild.
`
`23.
`
`Aunt has no information of any custody order pending or in effect concerning the child in
`a court of this or any otherstate.
`
`24.
`
`Aunt knowsofno person, not a party to these proceedings, who has physical custody of
`the minor child, or claims to have custodyorvisitation rights with respect to the minor
`child.
`
`25.
`
`Specifically, Aunt respectfully request that this Court determinethat: (1) it has
`jurisdiction over the minorchild and that the minor child is dependent upon this Court;
`(2) the minorchild is eligible for long-term foster care due to abandonment by the Father;
`(3) it is not in the best interest of the minor child to return to Hondurasand(4)it is the
`best interest of the minor child for temporary and permanent custody to be awarded to
`Aunt.
`
`II. MOTION FOR EX PARTE EMERGENCY CHILD CUSTODY
`
`NOW COMESPlaintiff, by and through counsel, who in support of this Motion,states as
`follows:
`
`26.
`
`The Plaintiff repeats and re-alleges paragraphs 1 — 25 as if fully set forth herein.
`
`AY,
`
`The minorchild arrived in the United States in or about February 2024 and came to North
`Carolina in March 2024 to live with Aunt.
`
`28.
`
`The child’s birthdate is April 14, 2006 and the child will soon turn 18 yearsold.
`
`29.
`
`The Auntwill attempt to serve Mother and Father by publication, since their residences are
`not accessible to a courier service like Federal Express.
`
`30.
`
`The Auntis the fit and proper person to care for the child. Aunt has provided financial and
`emotional support since the minorstarted living in North Carolina.
`
`31.
`
`Hondurasis a dangerous country from which children are fleeing in record numbers.
`
`32.
`
`If Aunt can obtain a child custody orderprior to the child’s 18™birthday, the child will be
`able to apply for relief through our country’s immigration system, which will allow him to
`remain legally in the United States. Without a child custody order, the minor child may be
`forced to return to Honduras to face the same conditions that caused him to flee in the first
`place.
`
`

`

`33.
`
`34.
`
`35,
`
`Asof July 2023, the U.S. Department of State has issued a Level 3 advisory (meaning
`individuals should reconsidertravel) and generally warns against traveling to Honduras
`because “violent crime, such as homicide, armed robbery, and kidnapping, is common.
`Violent gang activity, such as extortion, violent street crime, rape, and narcotics and
`humantrafficking, is widespread.” Exhibit A is a copy of the U.S. Department of State
`travel advisory.
`
`Gangsare widespread, and they control manyareas throughout the country. The United
`States government believes that the president of Hondurashasties to drug traffickers, which
`is contributing to the country’s high rate of violence. Exhibit B is a 2021 report from the
`Council on Foreign Relations.
`
`The child will be at imminent risk of harm if he has to return to Honduras. The criminal
`justice system in Honduraswill not protect him from harm and will not offer any meaningful
`recourse if he becomes a crime victim. Moreover, the child would be at risk of neglect in
`Honduras, since his parents could not protect him from the pervasive violence from which he
`fled.
`
`WHEREFORE,Auntprays the following from the Court:
`
`That this verified Complaint and Motion be taken by the Court as an Affidavit forall
`purposes.
`
`That the Court schedule an ex-parte Emergency Child Custody hearing so she can obtain an
`Order granting her sole temporary and permanentlegal and physical custody of the minor
`child.
`
`In the alternative, that the court enter an ex-parte temporary emergency order granting
`Motherthe exclusive care, custody, and control of the minorchild.
`
`That the court grant such other and further relief as many be just and proper.
`
`Thisthe 8thdayofApril, 2024.LemLIV\A
`
`
`
`Elaine C. Nicholson, Esq.
`Attorney for Plaintiff
`NC Bar# 37725
`Johnson & Nicholson, PLLC
`5806 Monroe Road, Suite 102
`Charlotte, NC 28212
`Phone: 704-375-1911
`Fax: 704-375-1919
`en@johnnichlaw.com
`
`

`

`
`STAPH OF SORTH CAROLINA
`MECKLENBURG COUNTY
`
`VERIFICATION
`
`1. Pola Aviles Vasquez, a undersi
` ened. being first duly sworn, say that | have read the
`
`egomg document; that
`
`the matters and things alleged therein are true except as to those things
`
`alleged upon information and belief and as lo those, | believe themiv be true and accurate
`for
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`Sworn fo and subscribed before me,
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`Thisthe Ath___dayofAfal
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`A Notawyyof MeckleniurggC ounty
`Ady Commission ixpires.
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`2024,
`
`CO
`
`Elaine C Nicholson
`Notary Public
`
`
`Union County
`
`North Carolina
`
`
`§ My Commission E
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`
`
`

`

`

`

`HondurasTravel Advisory
`
`OW)
`
`Reissued with obsolete COVID-19 page links removed.
`
`Reconsider travel to Honduras due to crime and
`kidnapping. Some areas have increased risk. Read the
`entire Travel Advisory.
`
`Do nottravel to:
`
`e Gracias a Dios Department dueto crime.
`
`Country Summary: Violent crime, such as homicide,
`armed robbery, and kidnapping, is common. Violent
`gang activity, such as extortion, violent street crime,
`rape, and narcotics and human trafficking,is
`widespread. Local police and emergency services lack
`sufficient resources to respond effectively to serious
`crime.
`
`
`Read the country information page for additional
`information on travel to Honduras.
`
`If you decide to travel to Honduras:
`
`e Avoid demonstrations.
`
`e Be awareof your surroundings.
`
`e Avoid walking or driving at night.
`
`e Do not physically resist any robbery attempt.
`
`e
`
`Beextra vigilant when visiting banks or
`ATMs.
`
`e Do not display signs of wealth, such as
`wearing expensive watchesor jewelry.
`
`e Exercise caution using cell phonesin public,
`including inside of cars while stopped in
`traffic.
`
`e Visit our website for Travel to High-Risk
`Areas.
`
`

`

`e Enroll in the Smart Traveler Enrollment
`Program (STEP)to receive Alerts and makeit
`easier to locate you in an emergency.
`
`e Follow the Department of State on Facebook
`@ and Twitter™.
`
`
`e Review the Country SecurityReport for
`Honduras.
`
`e Prepare a contingency plan for emergency
`situations. Review the Traveler's Checklist.
`
`e Visit the CDC pageforthe latest Travel
`Health Information® related to your travel.
`
`Gracias a Dios Department - Level 4: Do Not Travel
`
`Gracias a Dios is an isolated area with high levels of
`criminal activity and drug trafficking. Infrastructureis
`weak, governmentservices arelimited, and police and
`military presenceis scarce.
`
`e The U.S. governmenthaslimited ability to
`provide emergency services to U.S. citizens
`in Gracias a Dios as U.S. government
`employeesare restricted from traveling to the
`area.
`
`Visit our website for Travel to High-Risk Areas
`
`

`

`COUNCILon.
`FOREIGN
`RELATIONS
`
`IN BRIEF
`
`Why Central American Migrants Are Arriving at the
`U.S. Border
`
`By Paul J. Angelo=March 22, 2021 9:00 am (EST)
`
`Thousandsofpeople are arriving at the U.S. southern borderafterfleeing the
`
`Northern Triangle countries of El Salvador, Guatemala, and Honduras.
`
`President Biden 1s reviving efforts to tackle the problems that are prompting
`
`them to migrate.
`
`

`

`Whyare people leaving the Northern Triangle?
`
`Economic precariousness, government corruption, crime, violence, and—increasingly—
`
`climate changeareall driving migration from El Salvador, Guatemala, and Honduras. A
`
`majority of Guatemalans and Honduranslive below the poverty line, and most people
`
`in the Northern Triangle are employed in the informal sector, which deprives them of
`
`social protections and insurance. The pandemic, which has disproportionately affected
`
`Latin America in public health and economic terms,has laid bare governance
`
`deficiencies across the region. Meanwhile, the erosion of democratic checks and
`
`balances by populist politicians and corruptofficials has left many Northern Triangle
`
`residents exasperated and disenfranchised.
`
`More From Our Experts
`
`James M. Lindsay
`
`Election 2024: China’s Efforts to Interfere in the U.S. Presidential Election
`
`Edward Alden
`
`U.S. Trade Policy Is at a Crossroads
`
`Despite seeing reductions in homicides, the Northern Triangle countries remain among
`
`the most dangerous in the world. High rates of domestic violence and gang recruitment
`
`of minors have contributed to a surge in unaccompanied children and families
`
`journeying to the U.S.-Mexico border. Likewise, after a decade of shifting weather
`
`patterns and resultant food insecurity, back-to-back Category 5 hurricanes struck
`
`Central America this past fall: the storms eviscerated subsistence farms, killed hundreds
`
`of thousandsof livestock, and devastated large-scale agricultural production. Many
`
`people in the region have family ties to the United States and, in the face of such
`
`adversity, migrate with the hopes of reuniting with loved ones and improving their
`
`lives.
`
`

`

`=0
`
`CARIBBEANSi
`
`PANAMA
`12
`
`Homicide Ratesin the Northern Triangle and Surrounding
`Countries
`
`Homicides per 100,000 people in 2020
`
`
`GULFOFMEXICO.
`,
`
`
`
`MEXICO
`27
`
`
`
`
`— BELIZE
`
`
`HONDURAS
`a4
`,
`38
`
`re
`
`
`GUATEMALA
`
`— NICARAGUA
`1S
`EL SALVADOR
`=
`20
`
`
`
`
`PACIFIC OCEAN
`
`Rate per 100,000 people
`EZ
`20-29
`30+
`
`0-9
`
`10-19
`
`COSTA RICA
`11
`
`Source: InSight Crime.
`
`Are governmentsin the region doing anything to curb emigration?
`
`Mexico. The Mexican government announcedthatit will close its borders to
`
`nonessential travel to contain the spread of COVID-19, and Mexico’s National Guard
`
`and army stepped up enforcement on the southern border with Guatemala in recent
`
`

`

`weeks. Similar efforts in the past resulted in a temporary decrease in migration. The
`
`country has also expanded its own asylum programsandis on trackto set a national
`
`record this year for number of asylum requests processed.
`
`Guatemala. In January, Guatemalan soldiers blocked part of a caravan of some nine
`
`thousand migrants from Honduras. Yet, many of these migrants found passage into
`
`Guatemala and onward to Mexico through informal border crossings or by hiring
`
`human smugglers.
`
`The World This Week
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`
`El Salvador. The country has seen a considerable drop in gang violence, and President
`
`Nayib Bukele is widely suspected of negotiating a truce with the Mara Salvatrucha (MS-
`
`13) gang to reduce homicides. To help families struggling with the pandemic-induced
`
`economic recession, Bukele oversaw the administration of generous subsidies for 1.5
`
`

`

`million households. However, his disregard for democratic checks and balances has
`
`concerned opposition andcivil society groups, and put him at odds with U.S. President
`
`Joe Biden’s intention of strengthening democracy in Central America.
`
`More From Our Experts
`
`James M. Lindsay
`
`Election 2024: China’s Efforts to Interfere in the U.S. Presidential Election
`
`Edward Alden
`
`U.S. Trade Policy Is at a Crossroads
`
`Honduras. President Juan Orlando Hernandez is under investigation by U.S. authorities
`
`for suspected ties to drug trafficking organizations, which have contributed to the
`
`country’s high rates of violence. Additionally, his governmentis implicated in graft
`
`involving hurricanerelief, raising doubts about the future of the U.S.-Honduras
`
`relationship and the potential for collaboration on migration.
`
`Whatare Biden’s policies toward the region?
`
`President Biden’s approachlargely relies on reviving policies that were starting to show
`
`success late in the tenure of President Barack Obama,as well as undoing unhelpful
`
`policies by President Donald J. Trump’s administration.
`
`The Obama administration increased U.S. assistance to the Northern Triangle to $750
`
`million in a bid to address the root causes of migration following a 2014 uptick in
`
`asylum claims by unaccompanied minors. Those efforts were beginning to bearfruit,
`
`with homicides dropping in the region’s most dangerous neighborhoods and
`
`internationally supported anticorruption commissions [PDF] makingstrides in holding
`
`

`

`venalofficials to account. Biden, then the vice president, became the Obama
`
`administration’s de facto envoy to the region and oversawits U.S. Strategy for Central
`
`America.
`
`
`
`Dustin, an asylum seeker from Honduras, holds his son Jerrardo as they take refuge at a baseball field in La Joya, Texas, in March
`
`2021. Adrees Latif/Reuters
`
`In 2019, the Trump administration froze that assistance over regional governments’
`
`purported failures to curb migration, and progress on addressingthe drivers of
`
`migration was halted. Senior Trump administration officials rhetorically undermined
`
`good governancein the region, siding with deeply compromisedpolitical leadership in
`
`exchange for symbolic cooperation on migration. The administration’s closure of the
`
`U.S. southern border and disruptions to the U.S. asylum system reduced cross-border
`
`migrant flows temporarily, but Trump’s policies failed to alleviate the pressures to
`
`migrate.
`
`

`

`The Biden administration is now seeking $4 billion to put development,security, and
`
`anticorruption efforts back on track. This assistance would be directed to civil society
`
`organizations, reform-minded public institutions, and vulnerable communities with the
`
`aim of reducing poverty, curbing violence, and building climateresilience. Government-
`
`to-governmentaid would be strictly conditioned on the implementation of
`
`anticorruption measures. Such targeted assistance would likely not bear immediate
`
`results but represents the only enduring option to reduce irregular migration from the
`
`region. And today, the administration named a special envoy for the Northern Triangle,
`
`Ricardo Zuniga, to work with regional governments and other partners to curb
`
`unauthorized migration and carry out Biden’s $4 billion plan.
`
`Meanwhile, Biden is reactivating the U.S. asylum system to ensure compliance with
`
`international law. In addition to processing asylum claims from unaccompanied minors,
`
`some families, and individuals waiting in Mexico under the Migrant Protection
`
`Protocols, his administration restarted the Central American Minors program, which
`
`allowsat-risk youth to apply for U.S. asylum from their home countries instead of
`
`applying only after making the dangerous journey to the U.S.-Mexico border.
`
`€c)
`
`Creative Commons: Somerights reserved.
`
`