Justice Minister: New Family Court Bill Allows Custodian to Obtain and Renew Child Documents and Register Them in Schools Without Court Order

Justice Minister and Legal Advisor Nasser Al-Sumait 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 him or her in schools without a court order. It also introduces a coercive fine to enforce visitation rulings.

In an interview with the Kuwait News Agency (KUNA), Legal Advisor Al-Sumait explained that the child is the most affected party when disputes between parents intensify, as the child may miss a scheduled meeting with his or her father or face delays in school registration. He added, “Our duty is to alleviate injustice for both father and mother, safeguard their rights, and make the best interests of their child the foundation of every decision affecting his or her life.”

He noted that the bill enables the custodian to obtain, renew, and receive the child’s civil documents, including the civil ID and passport, as well as to enroll the child in schools or transfer him or her from one school to another within Kuwait, without requiring a separate court order authorizing 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.

The minister further 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 execute the ruling without valid excuse.

He added that the father has full rights to visit his child 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 the father takes the child for visitation and then deliberately fails to return him or her.

Al-Sumait pointed out that the bill grants mediation minutes signed by the head of the Family Dispute Resolution Center executive force, enabling 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 God’s words: “And do not forget graciousness between yourselves.” He stressed that it is an act of kindness for each parent to preserve the other’s place in the child’s heart and to refrain from indecency in their dispute. The child needs to rejoice in meeting his or her father and feel reassured about returning to his or her mother, and to love both parents without feeling compelled to choose between them.