“El INCUMPLIMIENTO DEL RÉGIMEN DE VISITAS RESUELTO JUDICIALMENTE, POR PARTE DEL PROGENITOR QUE NO POSEE LA TENENCIA DEL MENOR, VULNERA EL PRINCIPIO DEL INTERES SUPERIOR DEL NIÑO, LOS DERECHOS A LA CONVIVENCIA FAMILIAR Y DESARROLLO INTEGRAL DEL NIÑO, NIÑA Y ADOLESCENTE”.

The present degree dissertation entitled: “The breach of the settled judicial visiting arrangement, by the parent that does not have the custody of the minor, infringes the best interest of the child principle, the family unity and the integral development rights of children and adolescents”, this investigation emerged from the analysis of Código Orgánico de la Niñez y Adolescencia, the childhood law in Ecuador, in which it is evident, the incorrect drafting of the article, at the time to rule the visiting arrangement regarding the parent that does not have the minor’s custody, this gives to the parent the faculty to comply or not his duty, as a consequence it produces a violation of the best interest of the child principle and also some rights of the children and adolescents are broken, for instance: having family unity, being protected by both parents, have and maintain stable or regular affective relations, especially when parent and child are separated; this rights’ violation affects the proper and integral development of the minor, and the parents’ responsibility, established in the Constitution of Ecuador and Código Orgánico de la Niñez y Adolescencia. Therefore, it is very important to correct and establish the mandatory connotation to the parent that does not have the minor’s custody, and in the case of breach it is necessary to implement a punishment, in the way an administrative protection action is ordered, as it can be the psychological treatment to parents and children, to always seek the welfare of the minor in front of his or her parents’ difficulties and problems, always focusing on the growing and development of the child, and in case of evident lack of interest in having basic and indispensable relationships to minor’s benefit, it must be punished with the legal loss of parental authority. 5 During the development of this degree dissertation there were applied materials and methods, as well as interviews and surveys lawyers and psychologists, the results of these techniques have been useful to establish a legal reform project to Código Orgánico de la Niñez y Adolescencia, in article 122, in order to modify and set the enforceability to comply the visiting arrangement by the parent that does not have the custody of the minor, to apply the best interest of the child principle, as a means to guarantee children and adolescents rights’, moreover it must be included an unnumbered article to the article 123, in order to establish a punishment in case of breach to the visiting arrangement in the way to guarantee the compliance of parental duties.

• Yazar: Orellana Viñamagua., Mónica Lucia (author)
• Materyal Türü: bachelorThesis
• Dil: spa
• Baskı/Yayın Bilgisi: 2021
• Konular: DERECHO; REGIMEN DE VISITAS DE PROGENITOR
• Online Erişim: https://dspace.unl.edu.ec/jspui/handle/123456789/24159