On December 21, 2017, an amendment was made to the Criminal Code of the Republic of Armenia, which criminalized hindering a child's visitation with a parent living separately or another close relative.The criminalization of the described act was more than necessary in the Armenian reality, where, in the overwhelming majority of cases of divorce or separation, children were directly targeted due to the tense relationships between parents.
Since until now the legislation did not provide an effective toolkit to prevent such behavior, in many cases the child was arbitrarily alienated from the parent living separately.
The Republic of Armenia, by joining the UN Convention on the Rights of the Child, had undertaken since 1993 to guarantee the realization of the child's right to maintain regular personal relationships and direct contact with parents. However, the realization of this right was guaranteed only to the extent that the legislation provided the legal possibility to establish the procedure for visitation and communication between the child and the parent / close relative in the absence of mutual consent through judicial means. If the parent living with the child, nevertheless, created obstacles regarding the child's communication with the parent living separately or a close relative, then as an additional legal opportunity, the mechanism for compulsory enforcement of the judicial act was activated.
Due to the continuous nature of the enforcement actions required for each case of establishing the procedure for visitation or communication, as well as the limited resources of the service ensuring the compulsory enforcement of judicial acts, it was not always possible to enforce the judicial acts establishing the procedure for visitation and communication. As a result, the child was alienated from the parent living separately, and the alienated parent resorted to extreme actions, often prohibited by the criminal code.
The created situation had necessitated the establishment of additional, more stringent mechanisms by law.
Thus, in addition to the mentioned measures, the parent living separately from the child or the close relative whose rights have been violated will have the legal opportunity to take measures to hold the parent hindering communication with the child criminally liable.
Accordingly, henceforth, a fine of 100,000 to 500,000 AMD, detention for up to three months, or imprisonment for up to one year threatens the parent living with the child who hinders (or avoids without a valid reason) the implementation of the visitation established by the court between the child and the non-resident parent or other close relative three or more times within a month, or five or more times within a year.
Since until now the legislation did not provide an effective toolkit to prevent such behavior, in many cases the child was arbitrarily alienated from the parent living separately.
The Republic of Armenia, by joining the UN Convention on the Rights of the Child, had undertaken since 1993 to guarantee the realization of the child's right to maintain regular personal relationships and direct contact with parents. However, the realization of this right was guaranteed only to the extent that the legislation provided the legal possibility to establish the procedure for visitation and communication between the child and the parent / close relative in the absence of mutual consent through judicial means. If the parent living with the child, nevertheless, created obstacles regarding the child's communication with the parent living separately or a close relative, then as an additional legal opportunity, the mechanism for compulsory enforcement of the judicial act was activated.
Due to the continuous nature of the enforcement actions required for each case of establishing the procedure for visitation or communication, as well as the limited resources of the service ensuring the compulsory enforcement of judicial acts, it was not always possible to enforce the judicial acts establishing the procedure for visitation and communication. As a result, the child was alienated from the parent living separately, and the alienated parent resorted to extreme actions, often prohibited by the criminal code.
The created situation had necessitated the establishment of additional, more stringent mechanisms by law.
Thus, in addition to the mentioned measures, the parent living separately from the child or the close relative whose rights have been violated will have the legal opportunity to take measures to hold the parent hindering communication with the child criminally liable.
Accordingly, henceforth, a fine of 100,000 to 500,000 AMD, detention for up to three months, or imprisonment for up to one year threatens the parent living with the child who hinders (or avoids without a valid reason) the implementation of the visitation established by the court between the child and the non-resident parent or other close relative three or more times within a month, or five or more times within a year.