La incidencia de la normativa ecuatoriana sobre pensiones alimenticias en el exterior y los derechos del niño ante la migración parental

Abstract

The present research analyzed the incidence of the Ecuadorian legal system and the applicable international instruments in the collection of child support payments when the obligated parent resides abroad. This issue is relevant in contexts of parental migration, since residing abroad hinders compliance with the support obligation and compromises the comprehensive protection of the rights of children and adolescents. The study was developed with a qualitative approach, with a descriptive, analytical, and explanatory scope, through a documentary review of the constitutional, civil, procedural, and specialized framework for children and adolescents, as well as the main treaties and mechanisms of international cooperation linked to support obligations with a foreign element. The instruments and legal avenues available for the enforceability and execution of the obligation were examined, including international service of process and notification, the use of letters rogatory and official communications, the action of central authorities, and the procedures for recognition and enforcement of judicial decisions abroad. It is concluded that the absence of agile and operational procedures for transnational cases results in a “judgment without enforcement,” weakening effective judicial protection and, likewise, affecting the application of the best interests of the child, with a direct impact on their standard of living and integral development. It is necessary to strengthen interinstitutional coordination and international cooperation mechanisms in order to guarantee the timely collection of child support payments in situations of human mobility.