El incumplimiento del régimen de visitas por oposición injustificada de la madre vulnera el interés superior del menor.
The research work deals with the non-compliance of the visitation regime due to unjustified opposition of the mother and the best interest of the child, where the mother opposes a visitation regime established by a competent Judge in matters of Childhood and does not allow the father to visit the ch...
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| Formato: | bachelorThesis |
| Lenguaje: | spa |
| Publicado: |
2023
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| Materias: | |
| Acceso en línea: | https://dspace.unl.edu.ec/jspui/handle/123456789/28693 |
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| Sumario: | The research work deals with the non-compliance of the visitation regime due to unjustified opposition of the mother and the best interest of the child, where the mother opposes a visitation regime established by a competent Judge in matters of Childhood and does not allow the father to visit the child. Therefore, this research is directed to the legal and doctrinal analysis of the factors that affect the non-compliance of the visitation regime due to the mother's opposition and how the non-compliance of the visitation regime violates the best interest of the child. The importance of the research lies in the social sphere, at present there are many cases of separation of parents in legally constituted homes, bringing with its consequences for the children who make up that home. This brings with its judicial resolutions, where the applications in many cases have been unjust, violating rights established by the constitutional state. The incident factors are based on the theoretical framework, where the conceptualizations of the variables related to the research topic are established, the laws of the Code of Childhood and Adolescence, the Civil Code and the Constitution of the Republic are contemplated. The methods used for the development of the research were: the scientific method which allowed obtaining the understanding and objective knowledge of the subject, the inductive method which contributed to the obtaining of different perspectives of the factors that affect the opposition of the visitation regime by the mother, the deductive method which allowed analyzing the consequences of the opposition of the visitation regime in the best interest of the minor, finally the analytical method which allowed interpreting the results obtained from the surveys and interviews carried out. With the purpose of gathering effective information, it was considered indispensable to apply instruments such as the interview and the survey, which allowed obtaining truthful information regarding the non-compliance of the visitation regime by the mother and the violation of the best interest of the child. |
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