The curator as a protective participant of the minor in contentious divorce proceedings

Abstract

In Ecuador, within a contentious divorce judicial process, in accordance with the criteria of the National Court of Justice and with the same adjective norm, the situation of minor children, born within the marriage, must be resolved in a mandatory manner. which is to be dissolved. In this sense, Ecuadorian legislation has determined that, in judicial processes that address the interests and rights of children and adolescents, it is fundamental and necessary that a curator ad litem be appointed, so that he is the one who watches over their rights. The appointment of a curator ad litem has been specifically considered in resolution No. 10-2016 of the National Court of Justice, which even regulates the procedure to be followed for their correct appointment, since within the adjective regulations they do not there is a specific and clear budget regarding the subject. However, the fundamental presupposition that must exist is that the rights of children and adolescents cannot be violated and within the judicial processes that the interests of this social group are ventilated, it is necessary to guarantee their rights. Through the present investigation, the importance of the figure of the curator ad litem will be determined, within the judicial processes of divorce on grounds. For which a qualitative methodology has been used, and the use of different methods of this, such as the synthetic analytical method and the deductive method, for when the intrinsic characteristics of the research problem were analyzed, analyzing causes and effects, to from a general premise, one will arrive at particular premises.