The principle of the best interests of the child within the closed visitation regime imposed by the divorce decree in Ecuador

Abstract

This research evaluates the principle of the best interests of the child in the context of non-compliance with the closed visitation regime imposed by divorce decrees in Ecuador, aiming to enhance the comprehensive development of minors. A bibliographic review supports the historical-analytical and theoretical-legal methods employed. The study examines the compliance with visitation regimes by non-custodial parents and its impact on the parent-child relationship. It also assesses the existing legal mechanisms for ensuring compliance and their connection to the protection of minors' rights. The findings reveal legal gaps and the lack of effective tools to enforce visitation regimes, affecting the emotional and developmental well-being of children. Solutions are proposed to improve legislation and its practical application, ensuring the best interests of the child in the Ecuadorian context. These include clarifying procedures, establishing specialized judicial bodies, and promoting alternative dispute resolution methods.