Justice Minister: New Family Court Bill Allows Custodian to Obtain and Renew Child's Documents and Register Them in Schools Without a 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 the child 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 children are the most affected when disputes between their parents intensify, as they may miss anticipated meetings with their father or face delays in school registration. He added, “Our duty is to lift injustice from both parents, safeguard their rights, and make the best interests of their child the foundation of every decision affecting their life.”

He noted that the bill allows 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 them from one school to another within Kuwait, without requiring a separate court order to authorize these procedures. He emphasized that “it is unacceptable for a custodian mother to be forced to file a lawsuit to obtain or renew her child’s civil documents.”

The project introduces a coercive fine as a means to compel the reluctant party to comply with 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 justification.

Al-Sumait added that the father retains full rights to visit his child in accordance with the court ruling, and compliance with the ruling is the responsibility of both parties. This applies whether the custodian mother deliberately refuses to bring the child for visitation or if the father takes the child for visitation and then deliberately refuses to return him.

Al-Sumait pointed out that the bill grants enforcement force to conciliation minutes signed by the head of the Family Dispute Resolution Center in an executable format, enabling both parties to implement their agreement without filing a new lawsuit.

He further explained 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. Additionally, it provides for referring the child to psychological or social specialists in cases of repeated refusal to visit, in order 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 the event of intensified disputes, to remember the words of God Almighty: “Do not forget kindness among yourselves.” He urged them to show compassion by preserving each other’s standing in their child’s heart and to refrain from indecency in litigation. He emphasized that the child needs to rejoice in meeting his father, feel reassured about his return to his mother, and love both parents without feeling compelled to choose between them.