Incorporación de medios telemáticos para el cumplimiento del régimen de visitas en el código de la niñez y adolescencia

Abstract

The visitation regime or visitation rights is the legal figure that allows communication and contact between the non-custodial parent and the child. The purpose of this regime is to safeguard the child's integral development. Still, due to different situations, this regime can be affected and, in this way, cause other adverse effects on the parent-child relationship. To prevent this from happening and to fundamentally protect the rights of children and adolescents to grow up within a family nucleus, the Ecuadorian legal system explicitly provides that there is no prohibition for the non-custodial mother or father to visit their children, with the freedom or frequency that the judge deems convenient for the minor so that this regime is subject to the judge’s decision. Against this background, the following question arises: "What happens in cases where the parents, for various reasons, cannot agree to a "physical visitation"? Although this is a fact not contemplated in the norm, this research analyzes the exercise of the visitation regime based on using telematic means as a protective element of the parent-filial relationship.