La tenencia compartida: solución o conflicto

Abstract

This research Project analyzes the regulation on Joint Custody into our Legal System, in order to ensure the real superior interests of kids when parents have decided to separate. In order to be fully comprehensible, we will start from the definition of Joint or Shared Custody. It is necessary to determine the real reasons of the struggle for the custody of the kids. Due to the fact that kids are the main subject of study it is fundamental to analyze our Organic Code on Childhood and adolescence, The Ecuador Civil Code, The Constitution of the Republic and other rules and complementary laws related to minor children. We will also handle the psychological damage caused to children due to a harmful separation of parents. We will analyze through this document the principle of the superior interests of kids, whose rights are mostly violated since they are a vulnerable group of society; then they deserve a special protection. We will try to determine the factors judges must take into consideration when deciding a Joint Custody. We will briefly analyze the comparative law as it is the Colombian Legislation. We will make suggestions for possible legislative amendments that have to be done to our Childhood and Adolescence Code and the Constitution. Finally, practical cases performed in Ecuadorian Courts will be analyzed, in which violation of children rights has been evidenced.