Obstrucción de vínculos parentales en el ejercicio del régimen de visitas de niños, niñas y adolescentes: un estudio de casos desde la práctica Judicial-Cuenca 2015-2017.

Abstract

The main objective of this study was to identify the mechanisms of obstruction of parental ties in the exercise of the visitation regime of children and adolescents through the study of cases from the judicial practice in the Family, Woman, Childhood and Adolescence Unit in the Cuenca canton during the period of time from 2015 to 2017. In this study, all the factors that influence family conflict were analyzed and the main arguments that the procedural parties use to hinder compliance with the visitation regime within a judicial process against the non-custodial parent of their children are described. . The existence of contexts of social inequality in which fathers and mothers develop after the separation and its incidence in the visitation regime of their children is determined, finally the effectiveness of the legal norms that regulate the right of visits among the minors and their parents. The methodological procedure used was qualitative and quantitative in nature, with greater emphasis on qualitative design, the study was in the field and laboratory, the techniques used were the interview and documentary analysis of cases selected at the discretion of experts, the judgments selected were those They represented complex cases within divorce and visitation cases. The study was carried out at an exploratory, descriptive and analytical level, since there are no major approaches to the phenomenon in Latin America and particularly in Ecuador. The guiding question for the research was to answer: What is the evolution of the problem in the visitation regime and the obstruction mechanisms most used by the parents? As results found, it was possible to identify that the highest level of conflict in family law occurs in causal divorce processes in relation to the low incidence of conflicts in the visitation regime processed in separate trials. The existence of various parental obstruction mechanisms used systematically by the custodial parent throughout the judicial process is evidenced.