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In 2003 I got married. After the marriage we lived in the house of my husband’s house. In 2004 my daughter Ani was born. After the birth of my child I thought my husband would be strongly attached to the family. but…. In 2006 we got divorced and I moved to live in the house of my parents. At first my husband used to call me and enquire about the child as if he was missing her, then he stopped calling me. Recently I decided to leave the republic temporarily with my child. The passport department said that the written consent of the child’s father was required. I tried to find my husband and I found out that it was already three years that he had been absent from the republic and his whereabouts were unknown. To what extent is our child guilty that she has no right to leave the republic on account of her father? I know that the Constitution stipulates that my child has all the rights to move freely. What shall I do?

Sona H., Yerevan.


Dear Sona, there is no doubt that your child is not guilty that you and your husband got divorced. Your child is not guilty that you former husband is absent from the republic for objective or subjective reasons. Your husband and you are to blame that today your child is growing up without father. A philosopher named Homeros once said, “A child recognizing his father is said to grow clever”.

No divorce of spouses was permitted according to laws of Kilikia Armenia, except for certain cases when one of the spouses was unfaithful and the other did not forgive the given act, or when a husband and wife suffered from mental disorder in the course of their marriage life and a husband or wife wished to get divorced providing that they ought to take care of the patient for life.

The marriage procedure was complicated according to former USSR laws. The divorce procedure was as twice as complicated and was permitted only in cases when it was impossible to maintain the family any longer and the spouses faced certain difficulties at work and within the team. In other words, on state level all the possible measures were undertaken to keep the family from collapsing. I believe that it is surprising but it is fact that the biblical rules dominate in superpowerful country created on basis of atheistic ideas.

Today, the intergovernmental legislation afforded a wide range of opportunities to get married in the manner prescribed by law and, at request, to get divorced as fast as possible. In other words, the entire freedom and liability for the given transaction was assumed by the parties by giving the parties maximum freedom. Unfortunately one can hardly predict how the consequences of the given marriage and divorce in the future will be for both of the sides and for the child who grows without mother or father who will become a part of the society. As for the fact of the child’s leaving form the republic in the absence of her father, then you can apply to the court of general competence in the manner prescribed by law with a request of acknowledging your former husband as missing and in case of presence of the verdict and after it enters into force, you can submit it with the state authorized body and the child will have the right to leave the republic without the consent of her parent in his absence.