Lack of specific regulations and limitations to the effectiveness of the Ecuadorian judicial system in the treatment of parental alienation in leasing processes

Abstract

Introduction: This article allows to determine how the insufficiency of specific regulations limits the effectiveness of the Ecuadorian judicial system in the treatment of parental alienation in custody processes. Objective: To determine how the insufficiency of specific regulations limits the effectiveness of the Ecuadorian judicial system in the treatment of parental alienation in custody processes. Methodology: The mixed approach (quantitative-qualitative) is used as a methodology. And descriptive-explanatory-proposal and non-experimental transversal methods. Results: It was identified that Ecuadorian legislation does not have specific regulations that address parental alienation, but the importance of protecting the rights of children in custody processes is recognized. The importance of implementing a legal framework that includes a clear definition of the phenomenon to identify and evaluate parental alienation, as well as protocols for custody processes, is determined. It is proposed to modify and reform the Code of Childhood and Adolescence, and to implement an Organic Law for the Prevention and Combat of Parental Alienation. The proposal includes defining parental alienation, establishing prevention and detection mechanisms, as well as requiring judges and justice operators to consider it in custody and visitation processes. Conclusion: The absence of clear legislation on the subject leaves judges without legal tools to identify, evaluate and manage parental alienation effectively. This violates rights. General area of ​​study: Law Specific area of ​​study: Civil Law.