Procedural Treatment of Parental Authority in the Migratory Context of Nicaragua

Abstract

This paper aims to analyze the figure of Parental Authority in Nicaragua within the framework of the constitutionalization of family law. This family law is expressed in the enforcement of fundamental rights in family relationships and their regulation in the Nicaraguan Family Code (2014). This code imposes a new approach to facilitate the exercise of duties and rights among family members, including those related to Parental Authority. This situation causes different family resources to be involved in legal proceedings, such as custody disputes, judicial authorization requests for children and adolescents to leave the country, care and upbringing issues, and the increasingly prevalent actions of Suspension or Loss of Parental Authority. These include guardianship to obtain exclusive legal representation of children in the migratory context. The study will analyze the relevant legal provisions, their application, and interpretation in court, as well as comparative law. The conclusion highlights the necessity of delimiting the powers of Parental Authority to delegate them to other family resources. It identifies the main actions that can be pursued, what can or cannot be reconciled, and how these rights should be exercised. Additionally, it provides some judicial criteria from Nicaraguan family authorities related to the topic and offers recommendations.