Obligación subsidiaria de alimentos y mediación familiar para resolver conflictos en favor del niño

Abstract

In the Ecuadorian legal system, the subsidiary maintenance obligation is aimed at protecting children and adolescents, as they are the holders of these rights, which are intrinsically linked to the principle of the best interests of the child. The fulfillment of this right has primary obligors, namely the child’s parents. However, this obligation is not always guaranteed in a timely manner, which may lead to tensions, the initiation of judicial proceedings, and direct effects on the child or adolescent involved. It is in this context that the subsidiary obligation emerges as a mechanism that broadens the protection network for children and adolescents, allowing other family members to assume responsibility when the primary obligor fails to comply with their duty. Nevertheless, its application may be delayed, and intrafamily conflicts as well as evidentiary difficulties may arise. The purpose of the following article is to analyze family mediation as a key tool for managing these conflicts, with the aim of reducing judicialization, streamlining procedures, and making the coverage of the basic needs of children and adolescents more effective. This analysis is based on a review of legislation, doctrine, and jurisprudence, demonstrating that mediation— through its voluntary and confidential nature and dialogue-oriented approach—can lead to agreements focused on family well-being, whose duration ultimately benefits the holder of the right to maintenance.