Inclusión del régimen de visitas como una media provisional en el Código de la Niñez y Adolescencia.

Abstract

This research work is generated based on an analysis of the problems that occur in the legal process of separation of spouses and the limitations imposed on visitation rights for the children. In a great number of cases, there is lack of legal certainty, since the non-custodial parent, when filing suit, is uncertain as to when he or she will see the child again, for which the parent must wait a period of time until visitation rights are awarded. This situation generates a legal problem, since the non-custodial parent and the child, abruptly, will be prevented from living together and maintaining their ties as they had maintained, causing in certain cases, that one of the parents makes use of the situation in according to personal interests. Psychological effects, will also occur which I will mention later. I consider it imperative to include a provisional method as a necessary procedural measure in response to the legal problem posed in the visitation regime determined in the Childhood and Adolescence Code, in relation to the best interest of the child and the inherent right that the child has to develop in an integral manner until the age of majority; and to that effect having contact with both parents in equal conditions and without unnecessary procedural steps. By law the State has to guarantee that visitation rights are effective, expeditious and without delay in accordance with the guarantee of due process and in relation to compliance with the principles of simplification, uniformity, effectiveness, immediacy, economy and procedural speed in accordance with the Constitution of the Republic of Ecuador.