Estudio doctrinario de la suspension de la patria potestad a los progenitores en los casos de abandono a menores

Abstract

The purpose of this case study is a doctrinal and investigative study on the rights, guarantees and obligations existing between parents and children and adolescents in Ecuador, focusing on the Constitution of the Republic of Ecuador, International Treaties and Conventions, the Childhood and Adolescence Code, the Civil Code and international regulations of neighboring countries.

It is important to highlight the difference between the suspension of parental authority and the deprivation of it, since there are grounds for both cases, and the notorious difference is projected in the seriousness of the second case, since, in family law, there is always The principle of the best interests of the child will prevail, since all decisions, resolutions and even sentences in this matter must be related and motivated favorably to the rights of minors.

The legal figure of the suspension of parental authority in Ecuador, can only be exercised by the parents, however, in the event that one or both of them do not know or do not want to exercise this right or obligation, the state in reason To protect the rights of the child who is the problem of litigation, he will make the decision that best favors his rights, always complying with the basic guarantees of due process.

The case that has been taken into account for the purpose of analysis, is the family case: 03201-2017-00142, in which the mother requests the suspension of the parental authority of the father of her daughter, on the grounds that since birth the minor, the parent disappeared from her side, without any type of responsibility for her daughter, even violating her rights to receive alimony, even during the beginning until the culmination of this trial, there was no pronouncement by the defendant, Despite having exhausted everything that the General Organic Code of Processes orders due to the summons and summons to trial. In this particular case, the mother's need to have full parental authority over her daughter was evident, since due to her higher education and work outside the country, she needed to travel a lot and for this she required permission to leave the country of her daughter, however, due to the absence of the minor's father, it was impossible to contact him and obtain authorization, however, there was another judicial mechanism for authorization with opposition from the same judge, however, the plaintiff considered that the suspension could perfectly fulfill its claims.

Due to all of the above, this case study seeks to reflect on the judges' motivated criteria in relation to this type of case, based on the constitutional rights of minors and their right to a family, but even more so, the right to a dignified life, which is sometimes affected by the parents themselves, although it is true that the suspension of the father's parental authority was approved, once the father wants to take charge of his paternity, he can do so automatically, because the suspension is temporary.