What is the Hague Convention on International Child Abduction?

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the primary international legal framework for the prompt return of children wrongfully removed or retained across borders. Costa Rica has been a contracting state since 1998.

What are the exceptions to returning a child under the Hague Convention?

The 1980 Hague Convention establishes limited exceptions under Article 13: grave risk of physical or psychological harm, consent or acquiescence by the requesting parent, the child's own objection (if of sufficient age and maturity), and settlement in the new environment if more than one year has passed.

Is a divorce granted abroad valid in Costa Rica?

A divorce decreed by a foreign court must first be recognized in Costa Rica through an exequatur proceeding before it can be recorded with the Civil Registry and produce full effects, such as allowing a new marriage or settling property located in Costa Rica.

Obando International Law & Technology | International Child Abduction Attorney Costa Rica

Name: Private International Law in Costa Rica
Author: Juan José Obando

Area of expertise

International Child Abduction

If your child has been wrongfully removed or retained in another country — or if you face a return proceeding in Costa Rica — we have the expertise and specialized knowledge to act with the urgency your case demands.

We represent both parents seeking the return of their child and parents defending the child's stay in Costa Rica, always guided by the best interest of the child.

⚠️ Urgent situation? International child abduction cases require immediate action. Time is a critical factor. Contact us now for a priority case evaluation.

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Primary instrument

1980 Hague Convention

Convention on the Civil Aspects of International Child Abduction. Primary legal framework for the prompt return of children wrongfully removed or retained. Costa Rica has been a contracting state since 1998.

Inter-American system

Inter-American Convention (CIDIP-IV, 1989)

Inter-American Convention on the International Return of Children. Complements the Hague regime in the inter-American sphere. Especially applicable with Latin American states not party to the 1980 Convention.

Comprehensive protection

1996 Hague Convention

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. Strengthens the protection framework of the 1980 Convention.

Information for clients

What you need to know about international child abduction

What is it? 1980 Hague Convention Inter-American Convention 1996 Hague Convention Procedure in Costa Rica Exceptions to return

What is international child abduction?

International child abduction occurs when a child is removed from their country of habitual residence to another country, or is retained in a different country, in violation of the custody rights of the other parent or of a court order.

This is not necessarily a kidnapping in the criminal sense: often it is one of the parents who removes or retains the child without the other parent's consent. International instruments seek the prompt return of the child to their habitual residence, so that the court of that jurisdiction decides custody on the merits.

1980 Hague Convention

The Convention on the Civil Aspects of International Child Abduction is the most important instrument on this subject worldwide. Its fundamental principles are:

Key principles

Prompt return: The child must be returned to the country of habitual residence without delay (Art. 12).
Custody merits are not discussed: The proceeding is for return, not custody. The court of the requested state does not decide who should have custody (Art. 16, Art. 19).
Central Authorities: Each contracting state designates a Central Authority that cooperates in locating the child and facilitating the proceeding (Art. 6-7).
One-year time frame: If the application is filed within one year of the wrongful removal, return is virtually automatic, except for limited exceptions (Art. 12).
Custody and access rights: Protects both custody rights and rights of access or visitation (Art. 3, Art. 21).

Inter-American Convention on the International Return of Children (CIDIP-IV)

Adopted in Montevideo in 1989, this Convention complements the Hague Convention within the inter-American system. It is particularly relevant when the case involves American states that are not party to the 1980 Hague Convention.

Key aspects

Establishes an autonomous return procedure within the inter-American sphere.
Includes provisions on locating the child and provisional measures.
Compatible with and complementary to the 1980 Hague Convention.
Costa Rica is a state party and applies both instruments in a coordinated manner.

1996 Hague Convention

The 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children complements and reinforces the 1980 Convention regime.

Contributions of the 1996 Convention

Establishes clear rules of international jurisdiction based on the child's habitual residence (Art. 5).
Allows adoption of urgent protective measures even in states that are not the state of habitual residence (Art. 11, Art. 12).
Facilitates recognition and enforcement of protective measures between contracting states (Ch. IV).
Determines the applicable law for parental responsibility (Ch. III).

Procedure in Costa Rica

Costa Rica has a robust legal framework for processing international return applications. The Central Authority is the Patronato Nacional de la Infancia (PANI), and proceedings are handled by the Juzgado de Niñez y Adolescencia (Children and Adolescents Court).

The new Family Procedural Code (Law No. 9747) incorporates specific provisions for international return proceedings, aligning Costa Rica's procedure with international standards of expeditiousness and protection.

Exceptions to return

The 1980 Hague Convention establishes specific exceptions that may prevent the return of the child. These exceptions must be interpreted restrictively and the burden of proof falls on the party opposing return:

Article 13 exceptions

Grave risk (Art. 13b): That return would expose the child to physical or psychological harm, or place the child in an intolerable situation.
Consent or acquiescence (Art. 13a): That the requesting parent had consented to or subsequently acquiesced in the removal.
Child's objection: If the child has reached an appropriate age and maturity, their views may be considered by the court.
Settlement (Art. 12, par. 2): If more than one year has elapsed and the child has become settled in the new environment.

Our experience litigating these exceptions — both invoking and rebutting them — is fundamental to the outcome of each case. We know Costa Rican and international case law in detail.

Practice area · 01

International Family Law: beyond child abduction

Divorce, de facto unions, child support and parentage when a family lives, separates or holds assets in more than one country.

International child abduction is the most urgent kind of case, but not the only one. A good part of our family practice involves matters that lack that urgency but carry the same complexity: marriages dissolving across two countries, couples who lived together abroad, support that must be collected from someone living overseas, or children whose parentage was established under another legal system.

In all of them we apply the same method: work out which court has jurisdiction, which law governs the merits, and how to make the decision obtained in one country take effect in the other.

International divorce

Divorces, whether by mutual consent or contested, between spouses of different nationalities or living in different countries: jurisdiction of Costa Rican courts, the law applicable to the divorce and its effects, division of marital property located in several countries, and recognition in Costa Rica of divorces granted abroad so they can be recorded with the Civil Registry. We also advise on how to obtain a Costa Rican divorce that will later be recognized in each spouse's home country.

International de facto unions

Recognition and judicial declaration of de facto unions with foreign elements: couples who lived together outside Costa Rica, partners of different nationalities, and foreign institutions, such as registered partnerships or civil partnerships, that have no exact equivalent in Costa Rican law. We analyze their property and succession effects and how to give effect abroad to a declaration issued in Costa Rica.

International child and spousal support

Recovery of child and spousal support when the debtor or the creditor lives in another country: establishing and enforcing in Costa Rica obligations owed by persons residing abroad, recognition of foreign maintenance orders, cooperation between authorities under the Inter-American Convention on Support Obligations (Montevideo, 1989), and defense against measures specific to the Costa Rican system, such as the bar on leaving the country, which frequently affect foreign nationals.

International parentage

Paternity and maternity claims and challenges with foreign elements, registration in Costa Rica of births and parent-child relationships established in another country, DNA testing carried out abroad, and recognition of parentage arising from assisted reproduction performed outside the country. Our aim is for the bond between parents and children to be recognized with the same force in every jurisdiction where the family lives its life.

Applicable instruments

The Hague · 1996

Parental responsibility

Jurisdiction, applicable law and recognition of custody and access measures, including those issued after an international divorce.

CIDIP-IV · Montevideo 1989

Support obligations

Inter-American Convention to which Costa Rica is a party: applicable law, jurisdiction and cooperation for the recovery of support across the region.

Family Code · Law 9747

Costa Rican framework

The Family Code and the Family Procedure Code govern divorce, de facto unions, support and parentage, and the route for recognizing foreign rulings in these matters.

Civil Registry · TSE

Registration of foreign acts

Registration in Costa Rica of marriages, divorces, births and parent-child relationships that occurred or were declared abroad.

Consult on a family matter →

Practice area · 02

International Commercial Law

Contracts, arbitration and litigation for companies that buy, sell, distribute or provide services across Costa Rica's borders.

International trade rests on contracts that have to work in more than one legal system at once. Our job is to draft them so they hold up to that test and, when a dispute arises, to defend the client's interests before arbitral tribunals or courts, in Costa Rica or in coordination with counsel in other jurisdictions.

Juan José Obando has acted as party counsel in international commercial arbitrations and in court litigation, and has written on several of these subjects, including in his book Private International Law in Costa Rica (Kluwer Law International).

International commercial arbitration

Representation of parties in arbitrations seated in Costa Rica or abroad, drafting of arbitration clauses, interim measures, and recognition and enforcement of foreign awards under the 1958 New York Convention and the 1975 Panama Convention.

UNCITRAL Model Law in Costa Rica

Detailed knowledge of Law 8937 of 2011, which incorporated the UNCITRAL Model Law on International Commercial Arbitration into Costa Rican law, and of how it interacts with the RAC Law (Law 7727) governing domestic arbitration. We advise on which regime applies to each contract and what that choice entails.

International commercial litigation

Claims and defenses before Costa Rican courts in matters involving foreign parties, contracts or assets: international jurisdiction, determination of the applicable law, service of process and evidence abroad, and enforcement in Costa Rica of judgments issued by courts of other countries.

Foreign principals and local representatives (Law 6209)

One of our areas of deepest experience. We advise foreign principals and Costa Rican distributors, agents and representatives on the negotiation, termination and litigation of distribution and representation agreements under the Law for the Protection of Representatives of Foreign Companies (Law 6209) and its 2007 amendment under DR-CAFTA, in both arbitral and judicial proceedings.

International sale of goods (CISG)

Application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), in force for Costa Rica since 2018: contract formation, conformity of the goods, breach, remedies, and exclusion or modification of the Convention by agreement of the parties.

International service and other contracts

Drafting and negotiation of international service, distribution, agency, franchise, supply, licensing and joint venture agreements, with particular attention to governing law, jurisdiction and dispute resolution clauses, and to the mandatory rules that no contract can set aside.

Legal framework

Law 8937 · 2011

International commercial arbitration

Brings the UNCITRAL Model Law (2006 version) into Costa Rican law. Coexists with the RAC Law 7727 for domestic arbitration.

Law 6209 · 1978 / am. 2007

Representatives of foreign companies

Protective regime for representatives, distributors and manufacturers of foreign companies, amended by Law 8629 under DR-CAFTA.

CISG · Vienna 1980

International sale of goods

United Nations Convention, in force for Costa Rica since 2018. It applies unless the parties expressly exclude it.

New York 1958 · Panama 1975

Recognition of awards

Conventions that allow foreign arbitral awards to be recognized and enforced in Costa Rica, and Costa Rican awards abroad.

Consult on a commercial matter →

Practice area · 03

International Civil Law

When a person's life, assets or documents cross borders, someone has to work out which law applies, which court has jurisdiction, and how to make a document or a judgment count in another country.

We handle civil matters with foreign elements: estates with assets or heirs in several countries, judgments issued abroad that must be recognized in Costa Rica, documents that must take effect outside the country, and personal situations, such as a person's name or civil status, that need to be recognized in more than one jurisdiction.

With more than twenty years of practice in private international law, Juan José Obando has handled exequatur proceedings since before the recent procedural reforms, and knows in depth both the classic inter-American instruments, such as the Bustamante Code, and the Hague conventions that now complement them.

International successions

Estate proceedings involving assets, heirs or wills in different countries: determining the law applicable to the succession, opening probate in Costa Rica for assets located here, recognition of foreign wills and declarations of heirs, and coordination with lawyers and notaries in other jurisdictions so that the estate is settled in an orderly way.

Exequatur and recognition of foreign judgments

Recognition and enforcement in Costa Rica of judgments, arbitral awards and rulings issued abroad in civil, commercial and family matters, before the First Chamber of the Supreme Court of Justice or the family jurisdiction, as applicable. We also advise on how to obtain a Costa Rican ruling that can later be recognized in another country.

Bustamante Code, Apostille and inter-American conventions

Expert application of the Bustamante Code (Convention on Private International Law, Havana, 1928), to which Costa Rica is a party, of the inter-American conventions on private international law (CIDIP), and of the 1961 Hague Apostille Convention, in force for Costa Rica since 2011, including the recently introduced electronic apostille.

Name and identity: support for LGBTIQ+ persons

We accompany, with respect and strict confidentiality, trans and non-binary people and LGBTIQ+ persons generally whose name change or recognition of gender identity has an international dimension: registering in Costa Rica changes made abroad, having Costa Rican decisions recognized in other countries, and coordinating civil registries and identity documents across jurisdictions, so that each person is recognized by their name and identity wherever they live. Our work builds on Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights and the rules of Costa Rica's Supreme Electoral Tribunal.

Applicable instruments

Havana · 1928

Bustamante Code

Convention on Private International Law. Costa Rica is a party; it remains a reference in civil, succession and judgment-recognition matters with several countries of the region.

The Hague · 1961

Apostille Convention

In force for Costa Rica since 2011. Replaces consular legalization with the apostille; Costa Rica now issues electronic apostilles.

CIDIP · OAS

Inter-American conventions

Inter-American Specialized Conferences on Private International Law: letters rogatory, taking of evidence abroad, powers of attorney and effect of judgments, among other subjects.

Law 9342 · Law 9747

Exequatur in Costa Rica

The Civil Procedure Code and the Family Procedure Code now govern the recognition of foreign rulings depending on the subject matter.

Consult on a civil matter →

Notary services

Notary public with an international dimension

Juan José Obando is a notary public duly registered and authorized in Costa Rica. This allows us not only to advise, but also to execute the deeds and documents that an international matter usually calls for, and to prepare them from the outset so that they are valid outside the country.

International marriages

Civil marriages performed before a notary when one or both spouses are foreign nationals, including same-sex marriages, recognized in Costa Rica since 2020; registration with the Civil Registry of marriages celebrated abroad; and prenuptial agreements designed for couples with assets or residence in more than one country.

Civil and commercial companies

Incorporation of corporations (S.A.), limited liability companies (S.R.L.) and civil partnerships for domestic and foreign investors, with powers of attorney granted from abroad, registration with the National Registry, and compliance with subsequent obligations such as the Transparency and Beneficial Ownership Registry.

Documents for use abroad

Powers of attorney, sworn statements, certifications and the notarization of foreign documents, prepared for apostille or legalization so that they take effect in the destination country without setbacks.

Practice area · 04

Law & Technology

Contracts, intellectual property and electronic evidence for companies that develop, license or depend on technology.

Technology puts concrete questions to the law: how to contract for a system on which a bank's entire operation depends, how to protect a product in twenty countries at once, or what weight a judge will give a document that never existed on paper. We have spent years answering them in practice.

Core banking and critical technology contracts

Negotiation and drafting of complex licensing, implementation, maintenance and support agreements for core banking systems and other critical platforms: service levels, ownership of developments, source code escrow, business continuity, liability and orderly exit from the vendor.

Proprietary software licensing

Drafting of proprietary software license agreements, distribution and resale agreements, terms of use and SaaS models, with attention to the scope of the license, restrictions, ownership of the code and data protection clauses.

Intellectual property and new technologies

Protection of trademarks, patents, trade secrets and copyright in software, and drafting of international intellectual property agreements: licenses, assignments, confidentiality agreements, joint development and technology transfer.

Global product protection strategies

Design of legal strategies to protect a technology product in several countries at once: what to register, where and when; how to combine patents, trademarks and trade secrets; and how to structure licenses so that protection travels with the product into each market.

Electronic documents and digital signature

Juan José Obando is the author of articles on the legal and evidentiary value of electronic documents and digital signatures under Law 8454 on Certificates, Digital Signatures and Electronic Documents. We advise on how to contract, preserve and present electronic documents in court with full effect.

Corporate experience

Ireland · 5 years

CRDC Materials Ltd

Chief Legal Officer

Global legal leadership of an Irish company devoted to recycling technology applied to construction products, with a presence in several countries: international intellectual property agreements, technology licenses, strategic alliances and product protection across multiple jurisdictions.

www.crdc.global →

Legal framework in Costa Rica

Law 8454 · 2005

Digital signature and electronic documents

Recognizes the functional equivalence of electronic documents and certified digital signatures with their paper counterparts.

Law 6683 · Law 7978

Copyright and trademarks

Software is protected as a literary work under the Copyright Law; trademarks and distinctive signs, under Law 7978.

Law 8968 · 2011

Personal data protection

Costa Rica's data protection framework, relevant to any technology contract that involves processing personal information.

Consult on a technology matter →

The attorney

Juan José Obando

Attorney & Notary Public · Private International Law Specialist · University Professor

Juan José Obando is a Costa Rican attorney specialized in Private International Law, with emphasis on international child abduction and international family law. He combines a robust litigation practice with university teaching as a professor of Private International Law at Universidad Latina de Costa Rica.

In addition to his international family law practice, he has five years of experience as Chief Legal Officer of CRDC Materials Ltd, an Irish-registered company devoted to recycling technology applied to construction products, which has given him hands-on experience in international corporate law, intellectual property and cross-border transactions.

He participated as co-drafter of the International Family Law chapter of Costa Rica's Family Procedural Code (Law No. 9747). His deep knowledge of the 1980 Hague Convention, the Inter-American Convention (CIDIP-IV) and the 1996 Hague Convention, combined with his academic and practical experience, positions him as one of the most qualified specialists in Costa Rica in this field.

⚖️

Bar member

Costa Rica Bar Association

🎓

Professor

Private International Law · Universidad Latina de Costa Rica

🌐

Chief Legal Officer

CRDC Materials Ltd (Ireland) · 5 years · crdc.global

📚

Specialization

Hague Convention 1980 · CIDIP-IV · Hague 1996

✍️

Co-drafter

International Family Law chapter · Family Procedural Code (Law 9747)

Publications

Published work

Private International Law in Costa Rica

Juan José Obando

Kluwer Law International

Private International Law in Costa Rica

Kluwer Law International · International Encyclopaedia of Laws

An internationally referenced monograph on Costa Rica's private international law system, published within the prestigious International Encyclopaedia of Laws (IEL) by Kluwer Law International. The work covers Costa Rica's legal framework on international jurisdiction, applicable law, recognition and enforcement of foreign judgments, and international legal cooperation.

Second edition in preparation: coming soon

The second edition will incorporate important recent legislative changes, including the new Family Procedural Code (Law No. 9747) and its impact on Costa Rican international family law.

View on Kluwer Law Online →

Blog

Private International Law of Costa Rica

Critical, informative and technical commentary · Spanish and English

On his blog, Juan José writes regularly on private international law in Costa Rica and Latin America: the electronic apostille, foreign principals and local representatives, international child return, cross-border powers of attorney, recognition of judgments, and other topics that arise from daily practice.

Visit the blog →

Protecting your family across borders

Private International Law

International Family Law

International Commercial Law

International Civil Law

Law & Technology

International Child Abduction

1980 Hague Convention

Inter-American Convention (CIDIP-IV, 1989)

1996 Hague Convention

What you need to know about international child abduction

What is international child abduction?

1980 Hague Convention

Key principles

Inter-American Convention on the International Return of Children (CIDIP-IV)

Key aspects

1996 Hague Convention

Contributions of the 1996 Convention

Procedure in Costa Rica

Exceptions to return

Article 13 exceptions

Experience that makes the difference

Immediate response

Scholar & litigator

Cross-border vision

Best interest of the child

How we handle your case

Urgent evaluation

Legal strategy

Legal action

Resolution & follow-up

International Family Law: beyond child abduction

International divorce

International de facto unions

International child and spousal support

International parentage

International Commercial Law

International commercial arbitration

UNCITRAL Model Law in Costa Rica

International commercial litigation

Foreign principals and local representatives (Law 6209)

International sale of goods (CISG)

International service and other contracts

International Civil Law

International successions

Exequatur and recognition of foreign judgments

Bustamante Code, Apostille and inter-American conventions

Name and identity: support for LGBTIQ+ persons

Notary public with an international dimension

International marriages

Civil and commercial companies

Documents for use abroad

Law & Technology

Core banking and critical technology contracts

Proprietary software licensing

Intellectual property and new technologies

Global product protection strategies

Electronic documents and digital signature

Juan José Obando

Bar member

Professor

Chief Legal Officer

Specialization

Co-drafter

Published work

Private International Law in Costa Rica

Private International Law of Costa Rica

Need specialized counsel?