Análisis jurídico en la legislación ecuatoriana de la incidencia de la alienación parental en la tenencia y su regulación como garantía del interés superior del menor

Abstract

Abstract: Parental alienation, understood as the manipulation exerted by one parent to undermine or sever the child s bond with the other parent, constitutes a form of emotional violence that seriously violates the rights of children and adolescents. In Ecuador, the constitutional principle of the best interests of the child is recognized in child support proceedings, where both attorneys and judicial authorities invoke this principle. However, various circumstances often lead judges to believe that by adopting certain decisions they are acting in accordance with this guiding principle. In practice, though, there is a clear deficiency in psychological assessments and evaluations of the family environment, which should be fundamental in custody and visitation proceedings. This doctrinal, normative, and comparative study proposes guidelines to strengthen the comprehensive child protection system and safeguard the integrity of the family within the framework of healthy and respectful relationships in the face of this issue.