The Constitutional Court of Armenia has admitted for examination an application submitted by legal representative Arnold Vardanyan, concerning the protection of parent–child relations after parental separation and the effective means of ensuring communication with the non-custodial parent.
The application is grounded in Armenia’s international obligations, in particular under:
- the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
- the European Convention on Human Rights,
- the case law of the European Court of Human Rights,
- the 1989 UN Convention on the Rights of the Child,
- and the positions of the UN Committee on the Rights of the Child.
The applicant has requested the Court to declare unconstitutional certain provisions of the Civil Procedure Code of Armenia, as well as their judicial interpretation, insofar as they disproportionately restrict the applicant’s rights of access to court, to a fair trial, and to effective legal protection. According to the application, domestic courts have deprived the parent of any real alternative means to maintain ties with their child, thereby contributing to parental alienation and the gradual and irreversible disruption of family relations.
It should be noted that months earlier, the Civil Chamber of the Court of Cassation refused to examine the case by a narrow margin of 3 votes in favor and 4 against, disregarding applicable international standards.
We are hopeful that the Constitutional Court will conduct a substantive and expedited examination of this matter. A reasoned judgment would significantly contribute to strengthening the effectiveness of domestic proceedings under the Hague Convention, addressing the inconsistencies of current judicial practice with Armenia’s international obligations.
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