Inconstitucionalidad de la prohibición de salida del país en procesos de alimentos.

Abstract

This research addresses the legal problem resulting from the direct application of unnumbered Article 25 of the Amending Law to the Code of Children and Adolescents. This law orders the prohibition to leave the country for the paying parent in the first court order without prior notification. This practice does not respect international and constitutional standards of due process, violating the constitutional right to defense and restricting rights without the opportunity to respond. This study shows that any restriction of rights must pass a proportionality test to decide if a precautionary measure is suitable, necessary, and proportionate. Likewise, it proposes that precautionary measures must meet specific legal requirements before being issued, such as plausible harm, urgency, severity, and threat to rights. This guarantees that preventing a parent from leaving the country is a fair and effective measure to secure future child support payments. The legal analysis demonstrates the need to establish clear requirements for precautionary measures in child support cases, as well as the correct procedural stage to discuss and resolve them. Finally, it proposes a reform bill for this article to create a fair balance between the rights of children and the due process guarantees of the paying parent.