Family Law
Oct 15, 2024• Read time: 5 min
The Role of Family Law in Peruvian Society & Best Interests of the Child
Atty. Karen Peña Cabrera
Family Law Specialist • ICAT
In family proceedings, the child’s holistic wellbeing overrides financial disputes or parental conflict.
Statutory Basis & Binding Precedent:
UN Convention on the Rights of the Child and Peruvian Child & Adolescent Code.
The Best Interests of the Child functions simultaneously as substantive right, interpretive standard, and procedural rule.
Under shared-custody legislation (Law 31590), judges rely on multidisciplinary court evaluations to protect emotional stability.
Child support awards consider actual earning capacity alongside the economic value of primary caregiving.
Procedural Criteria & Legal Rationale
1
Article 4 of the Constitution enshrines special protection of the family unit.
2
In custody, parental authority, and support disputes, courts must prioritize the child’s material and emotional welfare.
3
Specialized counsel helps prevent children from being drawn into protracted divorce disputes.