The Higher Interests of Children in Regard to the Effectiveness of the Judicial Sentence in the State of Mexico. An Analysis of the Right to a Family Life

Abstract

This text analyzes the higher interests of children from a socio-legal perspective as a set of principles that must be observed by judges when delivering justice, making use of national and international standards in order to achieve their protection. In relation to such principles, we also address the right to live together, aimed at avoiding emotional abuse of childhood by parents because of their multiple disagreements. The execution of the sentence is of vital importance as the most rigorous stage of the procedure, to ascertain the success of this right. This has social and legal significance, as it guarantees justice for children. The resolution issued should not only be a piece of paper, but a possibility of a unencumbered life for them. The labor carried out within a jurisdictional body allows to present evidence of the damage caused to children and adolescents by the behavior of one or both parents, by their continuous disagreement and by the refusal to comply with the final resolution. Special attention should be given to the execution stage, by noting in jurisdictional practice that, given the constant friction of those involved, the legal measures taken during this stage are often not effective to prevent irreparable damage to the parent-child relationship with the non-custodial parent. However, in family matters, it is essential to consider the need for a judge to be solely responsible for the enforcement of final decisions of this nature.