The Family Interrelation Regime, derives from the termination of the common coexistence of the parents, where the children remain under the same roof as one of their parents, this separation from the parents, is de facto or de jure (de facto separation, judicial separation, consensual judicial separation, divorce, marriage nullity), which; establishes that custody is entrusted to only one of the spouses.

For this reason, the Political Constitution of Costa Rica determines provisions in its articles 51 to 53 on Family Law; which establishes the “Right of Visits”, where one of the parents of the minor children must visit the children who are in the custody and personal care of the other. This concept has evolved into a family relationship and not a simple visit since the law establishes a relationship of the minor with the entire family nucleus and not only with his or her father or mother.

It should be noted that in a normal situation of separation; both parents must comply with the duties of caring for minor children and exercise the natural right to communicate with them. However, when there is an unfriendly breakup between the spouses, it is necessary, to agree or regulate the way in which the family interrelation regime will be fulfilled and how that right will be exercised in the future.

Therefore, in the event that one of the minor’s parents prevents the other from exercising the right to the Visitation Regime, or Interrelation Regime, it would be in breach of these powers and may be sanctioned with modifications that would lead to the suppression of the parental authority. In the same way; it is also necessary to take into account those cases in which the Family Code calls “extramarital children”, where there has never been coexistence between the parents since this right extends to other active and passive subjects.

Administrative Aspect of the Visitation Regime

It is necessary to emphasize that; in Costa Rica, the Family Interrelation Regime is established by administrative means, in an agreement between the parties, before officials of the National Children’s Trust (PANI), which acts as a mediator between the parties, seeking to resolve the dispute in the attention of the best interest of the minor. However, it is necessary to emphasize that this institution lacks legal support to resolve, by interlocutory means, so that both parents are compiled to abide by its determinations.

Legal aspect

It is necessary to emphasize that the regulation of visits must be done in such a way as to ensure the natural contact of minors with their parents, fluently and spontaneously. Therefore, no parent can arbitrarily prevent the interrelation between the minor and the parent from taking place. The father or mother who lives with the minor and thus acts become unworthy of maintaining custody referred to in articles 143 and 152 of the Family Code, and submits to the sanctioning determinations of the judges of the Republic.

Finally, in the cases in which it is found that the exercise of the right of family interrelation produces more harm than good, especially in emotional or moral aspects, the judicial authorities in the use of regulatory power; are obliged to restrict or even suppress it, always taking into account the principle that the best interest of the minor must prevail.

ERP Lawyers & Associates has an expert team to advise on issues of Visiting Regime or Interrelation Regime, so if you have questions or queries, send us an email to info@erplawyers.com where we will gladly assist you.