La legislación de la tenencia compartida y los problemas de su aplicación en el ordenamiento jurídico ecuatoriano.

Abstract

In Ecuador, the possession of the minor is granted more than 95% of cases exclusively to the maternal figure. This means a problem because, after this decision issued by the judge, the other spouse (father figure) is completely separated in the life and care of his child. Therefore, the Reform to article 118 of the Organic Code of Children and Adolescents brings with it the desired introduction of shared tenure, where it is intended to avoid these kinds of situations, allowing both parents to participate in the day-to-day life child, due to the fact that they would spend similar periods of time in the company of both. If the minor's parents are unable to reach an agreement between them, the competent judge will make the decision, where they will have a favorable report from the respective Technical Office of the judicial unit, for which the judge will issue a resolution. But if the minor is over 12 years old and with maturity and capacity, he or she may express her opinion. Measure that is applied by developed countries, in order to preserve the best interests of the minor whose parents are in the process of divorce. It is important to safeguard the integral development of the minor according to the constitution article 69.