Abstract

CELI-CUASES, Domenica Daniela; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Protection of child visitation rights in divorces by notarial means and mutual agreement. Noesis [online]. 2025, vol.7, n.esp1, pp.1809-1822.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.535.

This article addresses the factors that influence non-compliance with child visitation arrangements in mutual consent divorces processed through notaries in Ecuador. It analyzes the importance of ensuring compliance and the consequences that non-compliance has on both children and parents. To this end, a quantitative methodology based on surveys is used to ascertain public perception of the effectiveness of notarial divorce and the relationship between compliance with visitation rights and the payment of child support. The study proposes a possible solution to the conflict, suggesting that notaries should be able to actively intervene in verifying compliance with agreements, thereby strengthening their role in protecting family rights. This proposal seeks to improve legal certainty and promote the well-being of minors in the context of extrajudicial proceedings.

Keywords : Family law; divorce; notary; parent-child relationships; enforcement of the law; alimony..

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