Análisis jurídico en el caso de incumplimiento al régimen de visitas. Propuesta de reforma al Código de la Niñez y Adolescencia.

Abstract

Academic article of the Legal Analysis in the case of non-compliance with the Visitation Regime judicially decreed; investigation that demonstrates an incorrect wording in the regulations of the Organic Code of Childhood and Adolescence in article, that specifically establishes the way to regulate the visitation regime, but does not establish an innumerable one that establishes a sanction for non-compliance with the visitation regime to the parent who does not have custody of the child or adolescent, allowing decision of this person , in fulfilling such an obligation, decreed in the resolution act, and in effect due to the incorrect wording, is that there is a violation of the rights of the child or adolescent, such as the right to coexistence within their family, to maintain and establish affective relationships regularly and permanently with their parents, the result of which affects comprehensive development andfails to comply with parental co-responsibility, enshrined in the constitutional norm and the Children's Code. The objective is to determine the legal figureof obligation to carry out the respective visits by the parent who does not have custody, where it is indicated that in case of non-compliance, a sanctionis determined.