Ecuador: Information on the ability of custodial and non-custodial parents to take their children out of Ecuador

For information on travel requirements for Ecuadorean children, please refer to Response to Information Request ECU20896.E of 14 June 1995. In a fax received by the DIRB, the Embassy of the Republic of Ecuador states that in order to leave Ecuador, minors require the written authorization of the person who exercises parental authority (patria potestad) of the child, or of their tutor or guardian (tutor o curador) (8 June 1995). The written authorization must be issued by a competent judicial authority (ibid.). Parental authority, which can be exercised by the mother or the father, is defined as the sum of rights that parents have over their non-emancipated children (ibid.). Ecuadorean law, as explained in the cited fax, stipulates the conditions for a child's legal emancipation before he or she reaches 18 years, the age of majority (ibid.).

A lawyer responsible for consular affairs at the Embassy of the Republic of Ecuador in Ottawa provided the following information in a telephone interview (5 July 1995).

When a couple is married, patria potestad, which can generally be defined as the principal legal responsibility for a child's welfare, is usually exercised by the father. However, there are cases in which a single mother, or a mother in a legal marriage exercises the patria potestad.

Children travelling abroad usually require a written authorization issued at a tribunal de menores (youth court) only if they are travelling without the parent who exercises the patria potestad. For example, if the child is travelling with both parents, no written authorization is required. If the child is travelling with the father, the minor normally would not be required to present a written authorization issued at a tribunal, since it is normally assumed that the father in a stable union holds the patria potestad. However, if the child is travelling with the mother, the minor may be required to present a written authorization signed by the father at a tribunal de menores.

When a divorce takes place, patria potestad can be given to one parent, even if actual care for the child is granted to the other parent. Normally, however, the parent who exercises the patria potestad also has the responsibility for caring for the child, although this ultimately depends on the judgement issued by a judge at the tribunal de menores. Although divorce proceedings are normally carried out at a tribunal civil (civil court), the status of children is defined by the tribunal de menores.

The source pointed out that the term custodia may be used colloquially to mean caring for a child, but the legal term custodia, which is translated as "custody" in English, is used only when the responsibility for a child is assigned to a guardian or tutor, not to one of the parents.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Embassy of the Republic of Ecuador, Ottawa. 5 July 1995. Telephone interview with lawyer responsible for consular affairs.

Embassy of the Republic of Ecuador, Ottawa. 8 June 1995. Fax received by DIRB.