By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Costa Rica is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, and the Convention has been in force between Costa Rica and the United States since 2008. In practice, however, Hague return proceedings in Costa Rica have presented persistent procedural and judicial challenges, particularly in cases involving significant delays.
At Multi-Jurisdictional Divorce, PLLC, we advise parents in matters involving Costa Rica, including Hague return applications, prevention planning, and strategic coordination with local counsel. While Costa Rica maintains the formal legal framework required under the Convention, outcomes often depend on persistence, careful case management, and realistic expectations regarding timing.
Pattern of Judicial Delay
Costa Rica has experienced recurring difficulties in timely judicial resolution of Hague Convention cases. A substantial portion of return requests have historically remained unresolved for extended periods, often well beyond the Convention’s six-week benchmark.
In several matters, proceedings have remained pending for over a year, with some cases extending close to two years without final resolution. These delays significantly undermine the Convention’s central purpose: the prompt return of wrongfully removed or retained children to their country of habitual residence.
Judicial delay alone, without an express denial of return, can effectively defeat the Convention by allowing a child to become settled in the new environment, complicating or foreclosing return remedies.
Central Authority Cooperation
Despite judicial inefficiencies, cooperation between the U.S. Central Authority and Costa Rica’s Central Authority has generally been constructive. Communication channels remain open, and administrative coordination often functions more effectively than the judicial phase that follows.
Costa Rican authorities typically take appropriate steps to locate children promptly once a Hague application is filed. In most cases, children are located within weeks, not months, and prolonged location failures are uncommon.
Voluntary Resolutions
Costa Rica does engage in voluntary resolution efforts, consistent with the Convention’s encouragement of amicable outcomes where possible. While voluntary returns do occur, they remain the exception rather than the rule and are highly dependent on the cooperation of the taking parent.
Voluntary resolution should never be relied upon as a primary strategy but may serve as a parallel track alongside formal proceedings.
Judicial Decision-Making Concerns
In addition to delay, some Costa Rican court decisions have raised compliance concerns under the Hague Convention framework. These issues may include:
- Failure to apply Convention standards consistently
- Excessive procedural formalism
- Delays that allow substantive custody issues to overshadow return analysis
Even where enforcement has not been tested extensively, prolonged proceedings themselves can render enforcement unnecessary by effectively neutralizing return orders before they are issued.
Practical Considerations for Parents
Parents facing a potential or actual child abduction involving Costa Rica should understand that:
- Hague cases may move slowly despite formal compliance
- Early legal intervention is critical
- Prevention planning before travel is often the strongest protection
- Strategic coordination across jurisdictions improves leverage and outcomes
Cross-border matters require decisive action, careful documentation, and experienced counsel familiar with both Convention law and real-world judicial behavior.
Strategic Considerations in Cross-Border Cases Involving Costa Rica
When Costa Rica is involved, international child-abduction risk and relocation planning must come first, with careful attention to Hague Convention timing and procedure. Although Costa Rica is a Hague Convention country, outcomes depend on more than the law itself—speed, jurisdictional choices, and local practice all matter.
Effective representation requires early risk assessment, clear jurisdictional analysis, and coordination with experienced Costa Rican counsel so that Hague remedies and local enforcement remain aligned. When warning signs appear, swift and well-calibrated action is essential to preserve return options and avoid entrenchment.
If Costa Rica is part of your family’s legal landscape, early legal guidance can protect both your rights and your long-term strategy. At Multi-Jurisdictional Divorce, PLLC, we handle Costa Rica-related matters with a focused, enforcement-aware approach, combining international precision with practical insight to protect what matters most.