Retención indebida y la recuperación internacional de los niños, niñas y adolescentes. El Ecuador como país requerido

Abstract

Within the family law we find the legal figure of undue retention of children and adolescents. At present there have been frequent cases of unlawful detention by people who do not have custody of those. It is usually one of the parents who, arbitrarily, often failing to comply with the legally established visiting regime, retains them, thus generating a state of despair and concern on the part of the parent who has the custody of the child, Thus leading the person who has the care of the son or daughter activate the administration of justice requesting the return of the same before the competent authority so that the son or daughter can be immediately returned to their habitual residence.

It should be noted that the process of international restitution of children and adolescents is a procedure regulated by the Hague Convention of 25 October 1980 on the Convention on the Civil Aspects of International Child Abduction. And bodies competent to intervene in the procedure of the procedure are obliged to fully carry out the immediate restitution of the child and adolescent, who is illegally detained in a place other than his habitual residence, in order to guarantee and protect In a timely and effective manner, the fulfillment of the rights of which they are assisted