Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: The analysis focuses on Judgment No. 17204-2022-03814 issued by the Judicial Unit for Family, Women, Children and Adolescents, Located in the parish of Iñaquito, Metropolitan District of Quito, province of Pichincha, in which custody of the minors NN and NN, aged ten and seven respectively, is granted to their father, Mr. FJNN. The aforementioned judgment is based on Articles 11, 60, 118, 122, 123, 260, and 290 of the Organic Code for Children and Adolescents (CONA), which refer to the best interests of the child. It is also grounded in Constitutional Judgment No. 28-15-IN/21 dated November 24, 2021, and draws upon both national and international jurisprudence, including Argentine jurisprudence, which states: [...] Decisions regarding custody recognize as a basic principle the safeguarding of the child s best interest, and in determining such interest, the needs arising from their particular psycho-physical characteristics, dispositions, aptitudes, and requirements are especially significant. Furthermore, the defendant did not raise any preliminary objections as provided in Article 153 of the General Code of Procedures (COGEP)