English

The superior interest of the child and the joint custody of both parents.

  In this decision, the Court guaranteed the joint custody of two minors by both parents. The Court relied mainly on articles 44 of the Constitution, 253 of the Civil Code and 23 of the Code on Children and Adolescents, privileging the best interests of children. The Court explained that despite the absence of a comprehensive regulation of the figure of joint custody as an institution of family and juvenile law in Colombia, a judge within an ordinary process made a correct understanding of the laws in force, and it was done in order to guarantee the fundamental right of children to have a family where both parents actively contribute to the care, love, upbringing and guidance of their children.