Leading firm in Costa Rica for international child abduction and international family law. Expert counsel under the 1980 and 1996 Hague Conventions and the Inter-American Convention.
We advise across the three main branches of private international law, family, commercial and civil matters with foreign elements, and at the intersection of law and new technologies.
International child abduction, international divorce, de facto unions, cross-border child support, international parentage, cross-border custody, international adoption and recognition of foreign family judgments.
Core area →International contracts, cross-border distribution, international commercial arbitration, international sale of goods (CISG), lex mercatoria.
Learn more →Conflict of laws, international jurisdiction, exequatur and recognition of judgments, international legal cooperation, apostille and legalization.
Learn more →Core banking and software contracts, intellectual property, global product protection strategies, electronic documents and digital signature.
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.
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.
The Convention on the Civil Aspects of International Child Abduction is the most important instrument on this subject worldwide. Its fundamental principles are:
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.
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.
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.
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:
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.
We understand the urgency. We respond to abduction inquiries within the first 24 hours.
We combine litigation practice with university teaching in Private International Law.
Real experience with multiple jurisdictions and mastery of all three applicable conventions.
Our entire legal strategy revolves around the effective protection of the child.
Every abduction case is unique. Our approach combines urgency with strategy.
Immediate analysis of the facts, determination of the applicable convention and evaluation of case viability.
Design of procedural strategy: Central Authority route, direct application or immediate court action.
Filing of the application, coordination with Central Authorities and representation at hearings.
Enforcement of the ruling, coordination of return and post-return protective measures.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Costa Rica Bar Association
Private International Law · Universidad Latina de Costa Rica
CRDC Materials Ltd (Ireland) · 5 years · crdc.global
Hague Convention 1980 · CIDIP-IV · Hague 1996
International Family Law chapter · Family Procedural Code (Law 9747)
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.
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 →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 →If you are facing an international child abduction situation, every moment counts. Contact us for an immediate and confidential evaluation of your case.
Write to us now →