DETERMINING THE CHILD'S PLACE OF RESIDENCE BY MUTUAL CONSENT OF THE PARENTS

Abstract

The purpose of this article is to identify and address the gaps in the Family Code of the Republic of Armenia. The content of Article 53 of the RA Family Code, entitled "Exercise of Parental Rights" and the content of Article 54 of the RA Family Code, entitled "Exercise of parental rights by a parent living separately from a child", as well as their titles do not correspond to the content of the articles. In practice, it is the basis for filing a lawsuit to determine the child's place of residence. In determining the child's place of residence, it is very important to separate the provisions of the two articles in question, to define them in a separate article, therefore, the article aims to raise the mentioned issues raised by the author, to improve the legislation with the proposed solutions, to promote common jurisprudence. The article was compiled by the legal-comparative-analytical method, large-scale studies were carried out, the subject of which was the scientific opinions put forward by foreign jurists, the case law of the European Court of Human Rights, the RA Constitutional Court and the RA courts. The author came to the conclusion that there is a need to make editorial changes in Articles 53-54 of the Family Code of the Republic of Armenia, as well as to supplement the Code with an article entitled "Procedure for determining the place of residence of a child".