The Costa Rican Family Code currently in force was entered into force in 1973, so it currently lacks many aspects that are considered fundamental, such as the definition of what should happen to children in case of a break-up in the family bond, either in cases of separation or divorce. It also doesn’t include the Family Interrelation Regulation, or a regulation about the situation of children born outside of the marriage.

Fortunately on Monday, October 28th of this year, 45 Congress deputies approved in second debate the Family Interrelation Regime Law, which incorporates into the Family Code the right to visits, contact, communication and coexistence of parents with their children, as well as close relatives after a family separation due to a legal or de facto separation or divorce.

To this day, it has been the family law judges who have been responsible for making definitions and assessments regarding the presence of children in the home of only one of their parents, once the link has been broken by their parents’ separation. With this new law, these situations achieve the Family Interrelation Regulation.

As it has been done for some years here, the best interest of the minor will be the cornerstone for the establishment of the family interrelation regime; however, it incorporates the criteria of solidarity and proportionality of responsibilities regarding children in common, in addition to the concept of shared parental responsibility.

While establishing the interrelation regime, the refusal of the minor to maintain contact, visits and communication will also be considered; however, this should be reported to the local PANI office to be investigated and to provide the necessary psychosocial care.

If you require advice on this subject, or on any other subject within Family Law, do not hesitate to contact our specialists in this matter.

At ERP Lawyers we have Family Law experts who can provide personalized attention to your case.