Justice Minister: New Family Court Law Allows Custodian to Obtain and Renew Child Documents and Enroll Them in School Without Court Order

Justice Minister and Advisor Nasser Al-Sameet stated that the new Family Court bill, approved by the Cabinet in its meeting on Tuesday, allows the custodian to obtain and renew the child’s documents and enroll the child in schools without a court order. It also introduces a coercive fine to enforce visitation rulings.

Advisor Al-Sameet told KUNA that the child is the most affected party when disputes between parents intensify, as the child may miss a scheduled meeting with their father or face delays in school registration. He added, “Our duty is to alleviate injustice toward both father and mother, safeguard their rights, and make the child’s best interests the foundation of every decision affecting their life.”

He noted that the bill allows the custodian to obtain and renew the child’s civil documents, including the civil ID and passport, and to enroll the child in schools or transfer them from one school to another within Kuwait, without requiring a separate court order to authorize these procedures. He emphasized that it is unacceptable to force a custodial mother to file a lawsuit merely to obtain or renew her child’s civil documents.

He explained that the bill introduces a coercive fine as a means to compel the non-compliant party to execute visitation rulings. The enforcement applicant may request the enforcement judge to impose such a fine in cases of non-compliance, including repeated refusal to comply without valid excuse.

He added that the father has full rights to visit his son in accordance with the court ruling, and that compliance with the ruling is the responsibility of both parties. This applies whether the custodial mother deliberately refuses to bring the child for visitation or if the father takes the child for visitation and then deliberately refuses to return them.

Al-Sameet pointed out that the bill grants mediation minutes, endorsed by the head of the Family Dispute Resolution Center, the force of an executive instrument. This enables both parties to implement their agreement without filing a new lawsuit.

He clarified that the bill includes other solutions to problems families face when enforcing visitation rulings, such as establishing visitation centers and staffing them with specialists in family and child affairs.

He added that if a child repeatedly refuses visitation, the case may be referred to psychological or social specialists to identify the reasons for the refusal and propose measures that safeguard the child’s best interests.

He called on all fathers and mothers, in cases of intensified disputes, to remember the words of God Almighty: “And do not forget graciousness between yourselves.” As an act of kindness, each should preserve the other’s place in the child’s heart and refrain from indecency in their dispute. The child needs to rejoice in meeting their father and feel reassured about returning to their mother, and to love both parents without feeling compelled to choose between them.