Obstruction of the visitation regime of children and adolescents: an analysis from judicial practice

Abstract

This study aimed to identify and analyze the factors that affect the conflict in the visitation regime from the perspective of judges and the technical team, to understand the mechanisms of obstruction and its impact on parental relationships. The information was obtained from the Family, Women, Children and Adolescents Unit, Cuenca, analyzing cases from the period 2015-2017. Factors that influence family conflict and arguments to hinder the visitation regime in judicial proceedings against the non-custodial parent were investigated. In addition, contexts of social inequality that affect the visitation regime after separation were explored and the effectiveness of current legal regulations was evaluated. The qualitative methodology included interviews and documentary analysis. The exploratory research revealed that the greatest conflict is found in causal divorces and that the custodial parent systematically uses mechanisms of parental obstruction during the judicial process.