Citation delay in child support proceedings and consequences for the right to defense (Original)

Abstract

This study analyzes how delays in serving summonses in child support cases in Ecuador affect the defendant's right to a defense and the guarantee of the child's best interests. Using a qualitative approach and employing methods such as document review, thematic systematization, and inductive analysis, the legal, procedural, and human rights implications of this problem are examined. The research uses inclusion criteria based on the currency, thematic relevance, and theoretical rigor of the normative and doctrinal sources. The results show that late service of summonses not only violates the obligor's right to a defense by preventing them from mounting a timely counter-argument, but also generates disproportionate economic consequences and leaves the child unprotected by delaying their effective access to child support. It is concluded that this practice constitutes a structural flaw that compromises procedural fairness and requires legal reforms, the implementation of electronic notification systems, effective home verification, and training for judicial officers to guarantee fairer, more efficient, and balanced decisions between the rights of the defendant and those of the child.