Browsing by Author "Chango Chugchilan, Cristina Monserrath"

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    Alienación parental y los derechos y obligaciones parento-filiales en procesos de tenencia y patria potestad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09) Chango Chugchilan, Cristina Monserrath; Salame Ortiz, Mónica Alexandra
    In the field of civil law, parental authority is established as a fundamental institution of family law that legal doctrine and civil law define as the set of rights and obligations aimed at ensuring the comprehensive development of children and adolescents, thus constituting a shared parental responsibility that is synergistically realized through custody in order to safeguard the child’s material and emotional stability both during cohabitation and following the couple’s separation; this entire legal framework is underpinned by the principle of the Best Interests of the Child, a conventional principle supported by the Convention on the Rights of the Child, which requires that any judicial or family decision prioritize the minor’s well-being, recognizing that the preservation of direct and fluid contact with both parents is not merely a prerogative of adults, but a psychobiological necessity indispensable for the development of the child’s identity, for which reason the assignment of custody is strictly contingent upon that benefit; nevertheless, the effectiveness and protective purpose of this legal framework are severely undermined in judicial practice by the emergence of parental alienation, which stands as a relational pathology and a flaw that distorts parent-child duties because, through a systematic campaign of indoctrination and negative psychological influence, one parent manipulates the child’s psyche and implants a hostile ideological current that generates an unjustified rejection of the other parent, which not only disrupts legitimate emotional bonds but also violates the legal system by transforming the custody process into a scenario of serious systemic violation, and its contemporary jurisprudential interpretation requires an interdisciplinary approach that integrates psychological, social, and pedagogical perspectives, strengthening mechanisms for prevention, early detection, and effective redress of the emotional harm caused.