International judicial cooperation in family matters: transfer of claims and taking of evidence abroad

Abstract

This paper describes the importance of international judicial cooperation to guarantee legal protection and the right to defense in family actions. This type of collaboration transcends the limits of the national territory, which is fundamental in safeguarding the rights of children and adolescents, thanks to the international conventions on private law that have been ratified by Nicaragua. Actions such as service abroad of judicial and extrajudicial documents, or everything that has to do with obtaining evidence outside the country, protected under civil law in family matters, are now instruments that benefit those affected. The study concludes that these agreements contribute to safeguarding procedural guarantees in family legal matters involving obligated subjects outside the national territory.