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

Abstract

Abstract: French national NN-NN sought the termination of parental authority regarding the father of her minor daughter, NN-NN, citing abandonment, lack of interest, absence of contact, and failure to fulfill financial support and emotional care obligations for over two years. The father did not appear in court nor exercise his right to a defense. The judge based the decision on Articles 113.5 and 113.6 of the Organic Code on Children and Adolescents; Articles 44, 45, and 66.28 of the Constitution of Ecuador; and provisions of the American Convention on Human Rights and the Convention on the Rights of the Child. Evidence presented included neighbor testimonies, psychological and social reports, and statements from the mother and expert witnesses all consistently pointing to paternal abandonment and the stable environment provided by the mother. Expert reports demonstrated that the child has no memories of or bond with her father, who was also reported to be involved in substance abuse. The judge ruled to strip the father, NN-NN, of parental authority, while maintaining custody with the mother. The judgment reflected a comprehensive application of the principle of the best interests of the child, ensuring her well-being and emotional stability. The ruling was duly reasoned, resting on a solid legal, constitutional, and treaty-based foundation supported by sufficient and reliable evidence. In conclusion, the judicial resolution guarantees the effective protection of the minor's rights and ensures the legal system's alignment with international human rights standards.