La nueva perspectiva de la custodia de menores en caso de conflictos de tenencia.

Abstract

The present research work called "The new perspective of the custody of minors in case of tenure conflicts" is directed to the analysis of the positions recently adopted by the Constitutional Court of Ecuador regarding tenure, taking into consideration the lack of precepts mostly exhaustive that help the judge to make the decision on the children and adolescents subject to the case. On the other hand, it is analyzed as a widely accepted position in the world legal systems in family cases such as shared custody. The pros and cons that exist in the Ecuadorian context, the procedure of the figure, the subjective applicability of the judge regarding the agreement of both parents, and the lack of unified criteria in Ecuador. The possession of children and adolescents represents a high impact in society since future social conflicts derive from childhood, therefore family judges must make the decision that most benefits children and adolescents, however with normative and jurisprudential tools. ambiguous, retrograde, decontextualized from the national reality, judges can do little or nothing. For this reason, the present investigative work seeks to be a consultation mechanism for those who are interested in creating greater arguments about the problem and eventually generate public spaces for debate that direct the judiciary to the unification of criteria on the procedure of shared tenure.