If your child resides in Armenia and the parent, with whom he (she) lives obstacles in the enjoyment of your access right then this article will useful for you.

Can you lodge a demand before Armenian courts to exercise your contact rights if you are foreigner?

According to Civil procedural code of Republic of Armenia, the courts examine the foreigner's claims if the respondent (who is usually the parent with whom lives the child) resides in the territory of the Republic of Armenia at the time the lawsuit is filed. Foreigners shells enjoy all procedural rights and responsibilities equally with the nationals of the Republic of Armenia.

Which legislation is applicable for the examination of child access demand?

During the examination of the claim, the Armenian court shall apply the legislation of the State in which the parent and the child have a common place of residence. It means that if you and your child reside in the territory of the republic of Armenia, then the Armenian legislation shall be applied.
If you reside in different States, then the applicable legislation would be of the State’s legislation which citizenship holds the child. In such cases, the Armenian legislation can only be applied if despite the measures that the court has carried out, the content of applicable foreign rulings for the court remains unknown.

What the court considers when making a contact order?

The court defines the contact right proceeding from your claim. In your claim, you should indicate your preferred form of contact (for example direct or indirect contact, such as contact via telephone calls and skype) and the schedule.
In each case, concerning child’s interests, the social welfare authorities are being involved in the procedure. Investigating the child's life and his (her) relationship with the parent, this body files a report to the court giving its opinion about the access schedule or justifications of limiting it.
It is important to highlight that the opinion given via the report is not mandatory for the court, and the Court should evaluate it combining it with other proofs.
Although the State highlights the importance of a child's regular contact with his (her) parent, in very particular cases it can be even restricted. For example, where there are concerns over a child’s safety, it may be appropriate for a contact to take place in others presence, or it can be restricted at all. At any case, the courts decisions are directed to ensure the child’s welfare and best interests.

Considering child’s views by the court

When making contact orders, the court does not usually hear directly the child’s opinion, although it can. Children do not usually go into a court. Child’s attitudes and views may be made known to the court via a report filed by the social welfare authorities.

Can you lodge a demand before court of your Residency State if your child lives in Armenia?

Before you start a process in your country of residence, you need to find out if there is any legal opportunity to execute a judicial act in Armenia. It should be checked whether there is any treaty or bilateral agreement between the States, or not.

Need more information? Do not hesitate to contact us.