Bibliographic citations
Silva, D., (2024). El síndrome de alienación parental como causal de restricción temporal del régimen de visitas del progenitor alienador. [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/41071
Silva, D., El síndrome de alienación parental como causal de restricción temporal del régimen de visitas del progenitor alienador. [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/41071
@mastersthesis{renati/1353320,
title = "El síndrome de alienación parental como causal de restricción temporal del régimen de visitas del progenitor alienador.",
author = "Silva Rubio, David Javier",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
he objective of the research was to establish whether there are rights or principles violated by parental alienation that make it necessary to regulate the parental alienation syndrome as a cause for temporary restriction of the visitation regime of the alienating parent, Chiclayo - 2024. To this end, it was developed an investigation following the method, systemic, dogmatic and functional. The survey and observation were used as a technique, in which 75 participants and 10 jurisprudential references were surveyed. The investigation found that the majority of specialists recognized the existence of rights and principles violated by parental alienation, representing 86.66% of the total. 40% expressed agreement and 46.67% totally agreed. Also, the majority of specialists (86.67%) were in favor of regulating parental alienation as a cause for temporary restriction of visitation. 20% agreed and a higher percentage, 66.67%, totally agreed. The investigation concluded that parental alienation violates children's right to have a family (p=,000; rs =,497), to personal integrity (p=,000; rs =,746) and to the principle of special protection and best interest of the child (p=,000; rs =,706), consequently, the normative regulation of the parental alienation syndrome as a cause for temporary restriction of the visiting regime of the alienating parent is considerably necessary (p=,000; rs =,701 as a whole). It was also concluded that the exhaustive analysis of jurisprudence reveals the importance given to the fundamental rights of the child in cases of family conflicts and parental alienation. Case law highlights the importance of the best interests of the child and their right to a family, as well as the need to maintain healthy family relationships. Factors such as affectivity, the emotional stability of the child and the negative influence of the parents on the relationship with the other are considered. Furthermore, the urgency of addressing parental alienation as a form of family violence that affects the emotional well-being and relationship of the child with both parents is recognized. These sentences reflect the commitment of the Peruvian judicial system to the protection and comprehensive development of children in contexts of family conflict.
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