Violation of the best interest of the child by the abusive exercise of travel opposition
DOI:
https://doi.org/10.15381/lucerna.n4.25159Keywords:
Best interest of the child, travel authorization, travel opposition, procedural conduct, evidentiary meansAbstract
The purpose of this investigation is to demonstrate the violation of the best interests of the child due to the abusive exercise of the opposition to minor travel in the specialized family courts of Lima Centro, which requires establishing mechanisms to prevent the best interests of the child from continuing to be violated. and penalize those who abusively exercise opposition. The non-experimental design of a legal-regulatory (non-exegetical) type of qualitative approach was used with a sample of two sentences on minor travel authorization where the travel opposition is declared unfounded, and of a non-probabilistic type. Likewise, the content analysis guide was applied as data collection instruments with the purpose of studying sentences of the minor travel authorization processes, and the interview guide to two specialist teachers in Family Law. It was obtained as results and discussions that the best interest of the child is violated in two moments: a) When the oppositions that are manifestly abusive are processed; b) The family judge, in the first instance, does not correctly assess the evidence, declaring the travel authorization unfounded.
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Copyright (c) 2023 Vanessa Elizabeth Shinno Pereyra
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