[Video] Justice Ministry: Child’s best interests must be considered when implementing visitation rulings

Abdul Karim Ahmed The Ministry of Justice organized a training program yesterday morning to qualify staff at children’s visitation centers at the Kuwait Institute for Judicial and Legal Studies. The session featured a speech by Abdullah Al-Mulla, Chief Prosecutor of the Public Prosecution, with participation from several center directors and staff. The program covered the legal aspects concerning children in visitation centers, including related rulings, regulatory rules, and practical procedures, with the aim of equipping workers with the necessary legal and procedural information to perform their duties.

Speaking during the training program, Al-Mulla noted that a child might arrive at the center hesitant to undergo visitation, influenced by the dispute between his parents, or may be late for the scheduled appointment, potentially extending to a refusal to see his relatives. He emphasized that visitation is not merely a procedural exchange of the child between parties, but is closely tied to the child’s family stability and safety. It requires careful handling of various cases, precise documentation of procedures, and referral of any emerging issues to the competent authorities.

Al-Mulla pointed out that visitation centers were established under Family Court Law No. 12 of 2015, and their operations and management are governed by Ministerial Decision No. 117 of 2016. He clarified that their objectives extend beyond enforcing visitation and custody orders, encompassing the promotion of family empathy and cohesion, maintaining family ties, and ensuring safety, peace of mind, and tranquility for the child and his relatives.

He clarified that the Visitation Centers now fall under the General Administration of Enforcement following the reorganization of the Ministry of Justice’s organizational structure pursuant to Decision No. 762 of 2025. Meanwhile, the Family Counseling Department plays a supportive role by creating suitable psychological and social environments, conducting orientation interviews, contributing to amicable dispute resolution, and coordinating regarding cases requiring specialized intervention. He emphasized the importance of equipping the centers in line with their operational nature, by providing appropriate play and reading areas, rest zones, first aid facilities, and suitable waiting areas; minimizing confrontations between disputing parties in front of the child; and maintaining cleanliness, safety, and the privacy of the child and family.

He noted that work within the centers relies on the integrated roles of the center director, his deputy, the enforcement officer, social and psychological researchers, counselors, administrative staff, and police officers when necessary.

“No to Conflict”

During the training program, Al-Mulla addressed the concept of custody and visitation, explaining that custody pertains to the preservation, upbringing, and care of the child, and managing his affairs. It differs from guardianship over the person, which involves assuming responsibility for the minor, guiding him, and managing his affairs within the limits prescribed by law. He clarified that the termination of guardianship over the person does not mean the end of the protection afforded to the child; under the law, this protection continues until the age of eighteen. The child’s rights to protection, care, and having his opinion heard on matters concerning him remain in effect.

He explained that visitation enables the right-holder to meet the child in custody at the time, place, and manner specified in the enforcement document. He noted that the Personal Status Law regulates the visitation rights of parents and grandparents, emphasizing that its purpose extends beyond mere meeting; it aims to maintain the child’s bond with both parents, strengthen family cohesion, support the child’s sense of security and belonging, and mitigate the effects of separation and conflict. He stressed that visitation is also a right of the child, and his best interests must be paramount when organizing and implementing it. He pointed out that the Visitation Center should not necessarily be the standard venue for all visits; whenever possible, it is preferable for visits to take place in a familiar and safe environment for the child.

He mentioned that center staff are bound by the provisions of the enforcement document, which must clearly state the details of the right-holder, the custodian, the person responsible for bringing the child, the names of the children, the type of enforcement, its location, time, and duration. He emphasized the importance of preparing visitation records accurately and neutrally, ensuring that the record is limited to facts observed or directly heard by the staff member, without diagnosis, legal characterization, or accusation. The record must document the names of those present and absent, arrival and waiting times, the child’s apparent behavior, the action taken by the staff member, the authority notified, the time of notification, and the reason for non-execution, if any.

Regarding visible injuries on the child, he clarified that the staff member records the location, appearance, and time of observation of the injury. However, the staff member does not medically examine the child nor determine the cause or perpetrator of the injury, as it may result from an accident, a medical condition, a prior incident, neglect, or abuse. Determining the cause remains the exclusive purview of the competent medical and investigative authorities.

Transition to Protection

He indicated that some cases begin as disputes over the implementation of visitation but later reveal indicators necessitating a transition to the child protection pathway. These indicators include the presence of visible injuries raising serious concerns about the child’s safety, the child disclosing exposure to abuse or mistreatment, the receipt of an official complaint, a direct threat occurring within the center, an attempt to take the child by force, abandonment without care, or a health or living condition that places the child in danger.

He emphasized that addressing these indicators begins with ensuring the safety of the child and those present in the event of an imminent threat, documenting what was observed or heard without making diagnoses or accusations, notifying the relevant authority, and following established child protection or reporting procedures.

Domestic Violence

The discussion also covered the link between visitation centers and protection from domestic violence, clarifying that the “custodian” falls under the concept of family members as defined in Decree-Law No. 11 of 2026. This implies that certain incidents occurring between parties connected by custody may fall within the scope of domestic violence. He noted that reports of domestic violence can be submitted to the Management of Protection Centers at the Supreme Council for Family Affairs, the police station, or the Public Prosecution. The law obligates anyone who witnesses or becomes aware of a case of domestic violence to report it to the competent authorities while maintaining confidentiality, a requirement that becomes particularly critical when the incident involves a child.

He pointed out that a protection order may include prohibiting contact with or harassment of the victim, removing the perpetrator from the residence, designating alternative accommodation, determining temporary alimony or covering medical expenses, and imposing police supervision when necessary. The existence of a protection order does not automatically suspend visitation rights; rather, its impact depends on the individuals and measures covered by the order. If the order prohibits contact with the child, it may create a direct conflict with the implementation of visitation. However, if it prohibits contact with the custodian but not the child, the handover process may require arrangements that prevent direct contact.

Developing Services

Regarding the development of services at visitation centers, Al-Mulla highlighted the importance of upgrading visitation halls to suit different age groups, providing spaces for play, reading, and quiet activities, reducing interaction between the custodian and the right-holder, and allocating separate reception and waiting areas when necessary. He also stressed the need to accommodate children with disabilities and to provide safety and first-aid equipment.

He emphasized the necessity of standardizing procedures and forms across centers, updating guidelines, harmonizing handover and receipt templates and incident documentation, and providing checklists for each stage of implementation. He also called for continuous training for staff on interpreting enforcement documents, drafting neutral reports, distinguishing between facts and legal or psychological characterization, and handling tense situations and risk indicators. He affirmed the importance of providing a safe working environment for center staff, protecting them from insults, threats, and assault, while prioritizing the safety of the child and those present in the event of any incident. He noted that security support should be requested when necessary, incidents should be documented and reported to the competent authority.

Enforcing Judgments

On the judicial side, the training material addressed proposals to ensure the effectiveness of visitation judgments and to curb deliberate refusal or repeated obstruction, without turning enforcement into a pressure tactic that harms the child. Among these proposals were studying graduated judicial measures to compel compliance with enforcement and regulating the judicial consequences of the right-holder’s repeated failure to exercise visitation without a valid excuse.

The program concluded that the effective implementation of visitation rulings cannot be achieved through procedures alone; it requires legal and professional awareness that balances the requirements of the enforcement instrument with the particularities of family disputes, and places the child’s best interests and protection at the core of operations within visitation centers. It also emphasized the importance of neutral documentation, confidentiality, a calm center environment, and the safety of both the child and staff.

Visitation for Persons with Disabilities

Several staff members at visitation centers raised challenges related to dealing with special cases and individuals with disabilities, noting that some centers are not adequately equipped to meet their needs. Staff presented cases involving children with severe autism who require extended visitation periods within the center, necessitating a different environment, facilities, and interaction protocols tailored to their condition. They also pointed to other cases where the presence of such children at the center could lead to behaviors that damage property, create noise, and cause disruptions that affect ongoing operations and other cases. These issues raise questions about the suitability of current centers to accommodate such cases.

Staff called for exploring the possibility of establishing a dedicated visitation center for special cases and persons with disabilities, equipped to meet their specific needs and providing an appropriate environment for conducting visits without disrupting operations at other centers or exposing children or staff to additional pressures.

Delay in Handover

Al-Mulla stressed during the training program the importance of conducting visitation within the specified working hours. He explained that if the custodian delays handing over the child after the visitation period ends, the rights holder in the visitation should be released from liability to ensure legal protection.

Refusal by the Child

Al-Mulla noted that a child’s refusal to participate in visitation may hinder its implementation, but it does not mean the visitation right is suspended. Instead, it requires making every effort to prepare the child and facilitate the visitation in a manner that respects the child’s best interests, through appropriate measures and by involving the center’s psychological researcher, specialist, or counselor specializing in family counseling.