“Appeals Court”: Exploitation of children in social media advertisements results in loss of custody for the mother

In a landmark ruling of its kind, the Court of Appeal revoked custody from the mother and awarded it to the father, concluding that there had been a breach of caregiving and supervisory duties, and that the children had been used in advertisements on social media platforms, which negatively impacted their academic performance.

Hawra Al-Habib, head of the Child Center at the Kuwait Lawyers Association and a lawyer, stated that the judgment embodies the principle of the child’s best interests and affirms that custody is a legal responsibility before it is a right. She emphasized that exploiting children in advertisements or commercial content, when it affects their education or healthy development, justifies judicial intervention to protect them and safeguard their rights.

The court stressed in its reasoning that custody does not sever paternal authority nor negate the father’s educational role. It underscored that sound upbringing relies on cooperation between the custodian and the guardian, ensuring the guardian is informed of essential developments concerning the child’s health, education, and behavior.

She added that Law No. 21 of 2015 on the Rights of the Child guarantees the child’s protection from neglect and exploitation. While a child’s appearance in an advertisement does not constitute commercial exploitation per se, the intensity of such advertising activities, coupled with a clear decline in academic performance and a lack of family supervision, constitute serious indicators of a breach of custodial duties when such activities encroach upon the child’s right to education and balanced development.

She stressed that custody is a trust, not an absolute right of the custodian, and that its continuation depends on the ongoing ability to provide educational and caregiving support and to protect the child from neglect and exploitation. She affirmed that the child’s best interest remains the primary criterion in all custody disputes.

The court concluded that the children’s best interests required transferring custody to their father, having satisfied itself of his suitability and ability to provide a stable and safe family environment. It ruled to revoke custody from the mother, confirm it for the father, and order the handover of the children to him for their care and upbringing in accordance with the law.