Introducing 11 Key Pillars in the Family Court Law to Develop Litigation Procedures

Abdulkarim Ahmadi

The new Family Court bill includes 11 new pillars aimed at addressing various practical problems arising from the application of the Family Law, developing litigation and judgment enforcement procedures, and expanding the jurisdiction of the Family Court to cover new disputes of a family nature or related thereto.

Among the most prominent amendments is the decoupling of Family Court branches from governorates, allowing for the establishment of one or more court headquarters to avoid the fragmentation of dispute parties that previously occurred when lawsuits were filed in different governorates. Article One stipulates that the Court shall have one or more headquarters and shall consist of circuits subordinate to the Total Court and others subordinate to the Court of Appeal. It also grants the Minister of Justice the authority to regulate the registration of lawsuits at the Court’s headquarters to ensure sound administrative organization.

The project also aims to expand the Family Court’s subject-matter jurisdiction, which previously covered personal status disputes such as marriage, divorce, alimony, and custody, to include all disputes of a family nature or related thereto, or those concerning the enforcement of Family Court judgments, as well as compensation claims arising from these disputes.

In addressing practical shortcomings, the project defines the jurisdiction of the Family Court’s temporary matters judge to issue orders on petitions in specific matters, including authorizing the temporary travel of a minor abroad or ordering a travel ban, in addition to endorsing settlement records issued by the Family Dispute Resolution Center with an executive format in cases where the Center’s director refuses or fails to do so.

The project activates accountability and disciplinary tools for experts registered on the Ministry of Justice’s roster, who specialize in legal, social, or psychological affairs, by defining registration conditions, professional conduct rules, competency assessments, and disciplinary procedures. It also provides for the formation of an investigation committee to determine applicable disciplinary sanctions.

Furthermore, the project strengthens the role of the Family Dispute Resolution Center in pursuing conciliation efforts by equipping it with specialized legal and judicial expertise. The Center is headed by a judge of at least the rank of Counselor, appointed by decision of the Supreme Council of the Judiciary, and assisted by one or more judges from the Total Court. The Center’s director is authorized to endorse a copy of the settlement record with an executive format upon the request of one of the parties, thereby rendering it an enforceable instrument that obviates the need to resort to the judiciary to secure family rights.

The project stipulates that judgments issued by the Family Court in certain lawsuits shall be final if the value of the claim does not exceed 5,000 Kuwaiti dinars. These cases include wills, waqf (endowments), dowry, iddah maintenance, mut’ah (consolatory gift), liquidation of coercive fines, and compensation claims arising from disputes under the Family Court’s jurisdiction. This aims to expedite the stability of the parties’ legal positions and prevent the prolongation of litigation through multiple appellate levels.

The project permits judgments to be issued with brief reasons or without reasons in specific lawsuits, including those concerning dowry, iddah maintenance, mut’ah, child visitation and overnight stays, authorization for a guardian, custodian, or administrator to dispose of the assets of persons lacking or having diminished legal capacity, missing persons, and absentees, authorization for a supervisor or custodian to dispose of waqf and bequest assets, and the appointment of judicial assistants. These provisions apply when all claims of the plaintiff are accepted and the defendant has been served with the lawsuit but has not submitted a defense statement.

Among the important amendments is granting the custodian, upon legal or judicial confirmation of custody, the right to carry out administrative procedures regarding the minor without needing a court order. This includes obtaining, renewing, and collecting all official and civil status documents, such as the civil ID, birth certificate, and passport.

In addition, the project provides for the registration of the child in government or private schools and institutes within Kuwait, the transfer of the child from one school to another, the follow-up of the child’s educational affairs, and the collection of academic certificates. Regarding visitation centers, the project stipulates the establishment of one or more centers for the visitation and handover of the child. The Ministry of Justice is tasked with setting up and equipping these centers in a manner that achieves the purpose of visitation, which is to foster empathy, family cohesion, and kinship ties, while ensuring safety, peace of mind, and tranquility for the child and his or her guardians. These centers will be staffed with an appropriate number of enforcement officers, members of the police force, and specialists in family and child affairs. The Minister of Justice will issue a decision regulating the affairs of these centers and their operational procedures.

The project addresses several practical problems in the enforcement of visitation rulings. Article 27 obligates the person entitled to visitation to appear at the time and place specified in the executive instrument to exercise his or her right. If appearance is impossible, he or she must notify the center and state the reasons, if possible, in sufficient time. In the event of repeated unjustified failure to appear, the court may, upon the request of the custodian, temporarily suspend the enforcement of the executive instrument for a period not exceeding three months. If it is established that the person entitled to visitation has abused his or her right to the detriment of the child or the custodian, the court shall rule that the right to visitation specified in the executive instrument is forfeited, without prejudice to the custodian’s right to claim compensation, and without preventing the custodian from filing a new lawsuit requesting visitation.