Inclusión del régimen provisional de visitas en El Código Orgánico de la Niñez y Adolescencia.

Abstract

The research topic is based on the legal vacuum that exists in the Ecuadorian legal system, in terms of childhood and adolescence, since in the institution of the regime of visits, the right of the child to have a link with the father or mother Which does not exercise its tenure, does not contain a provisional regime to safeguard the rights of the child. The legal problem of the investigation is given when a relationship between father and mother break off sequels, one of these is a Visits process, in this process at the time of filing the lawsuit before the judicial units the parent who does not exercise The tenure over the child has to wait until the stage of final hearing of judgment to be able to effect his right with respect to the minor. The proposed reforms to the organic code of childhood and adolescence leads us to the conclusion that the Ecuadorian legal order aims to be more guarantor with regard to equality of rights between father and mother, leaving aside the different types of positive discrimination Which have been addressed in this type of family processes. A reform to the institution of the Visiting Regime should be implemented so that the rights of the parents are more egalitarian when they exercise their actions before the Courts and make the right to the best interest of the minor.