Control Jurisdiccional y Parcialidad en el Cumplimiento del Régimen de Visitas Frente al Interés Superior y Desarrollo Integral de Niños, Niñas y Adolescentes en Ecuador

Judicial control and partiality in the enforcement of the visitation regime in Ecuador are fundamental elements to guarantee the best interests and integral development of children and adolescents. This study is based on a qualitative analysis of judicial decisions and interviews with legal practitioners, aiming to identify current practices and challenges in the application of the visitation regime. Ecuadorian legislation establishes that this regime should focus on protecting the emotional and physical well-being of minors, promoting a stable environment that fosters their full development. However, the research reveals the presence of partiality in the execution and supervision of the regime, reflected in inconsistent judicial decisions and the lack of a comprehensive approach that considers the specific circumstances of each case. Partiality is also linked to cultural and social factors that may influence rulings, undermining the impartiality necessary to safeguard children’s rights. Judicial control, understood as the mechanism through which courts supervise and regulate the enforcement of the visitation regime, emerges as a key resource to ensure that the measures adopted adhere to principles of equity, justice, and child protection. To improve the system, the study recommends strengthening the continuous training of judges and legal operators in the area of children’s rights, as well as implementing more rigorous and specialized supervision mechanisms. In this way, it seeks to ensure that the visitation regime fulfills its protective function, always respecting the best interests of the child and promoting their integral development.