Precautionary Measures in the Claim of Care and Parenting in Family Law (Procedures for Their Application)

Abstract

This research aims to analyze the precautionary measures applied in the claim for the care and upbringing of children. To this end, doctrinal positions and the national legal framework regulating these measures were studied. Additionally, the procedural treatment of these measures under Nicaragua’s family law is described. The study was conducted from a documentary, descriptive, cross-sectional, and explanatory research perspective due to its depth. Therefore, through reasoned analysis, the following conclusions were reached: The legal regulation of precautionary measures in family procedural law clearly establishes the guidelines and foundations for the protection of children and adolescents, as well as the principles and procedures for their application. The study emphasizes the importance of proportionality, necessity, and suitability of the measure, as well as the principle that precautionary measures may be requested by one of the parties or ordered ex officio when the court deems it necessary to uphold the best interests of the child or adolescent within a legal process. These principles aim to ensure a balance between the protection of rights and justice in the legal process. Precautionary measures can be applied both preventively and to correct situations that may arise during the process.