Síndrome de alineación parental como vulneración de los derechos paternos-filiales.

Abstract

Introduction: The Parental Alienation Syndrome as a problem of conflict against parent-child rights and the lack of a legal definition that allows a definitive solution to it. Objective: To construct a legal definition of Parental Alienation Syndrome as a figure harmful to the interests and rights of both the minor and his or her parents, to be incorporated into the legal system. Methodology: A purely qualitative approach, descriptive and explanatory, a non-experimental cross-sectional design and a series of empirical and theoretical methods in which doctrinal systematization stands out. Results: The parental alienation syndrome is an anomaly that affects family coexistence and the best interests of the child, with disastrous consequences on the psyche of children, and the lack of a legal approach related to this anomaly prevents an exhaustive and in-depth analysis at the level of parent-child rights, so the Organic Code of Children and Adolescents is reformed in order to incorporate means for its legal understanding and examination within judicial proceedings. Conclusion: Parental Alienation Syndrome should be understood as a major psycho-legal problem that harms the mental health and rights of parents and children, its non-existence in the Ecuadorian legal system has prevented it from being treated in greater depth, so its incorporation into the Organic Code of Children is essential in Family Procedural Law.