Justice Minister: Custodians Can Obtain, Renew Child Documents and Enroll Them in Schools Without Court Order.. Threatening Fine for Visitation Rulings Enforcement
The Cabinet approved the new Family Court Act, which simplifies custody procedures and establishes a threatening fine for enforcing visitation rulings
Translated by Qiyas from الراي — Original source
- Mediators are granted executive force to enable both parties to implement their agreement without filing a new lawsuit
Justice Minister and Advisor Nasser Al-Sumeit stated, following the Cabinet’s approval today of the draft law for the Family Court, that “the child is the most affected when disputes between parents intensify; they may miss a meeting with their father or experience delays in school registration. It is our duty to alleviate injustice against fathers and mothers, safeguard their rights, and make the child’s best interests the foundation of every decision affecting their life.”
Al-Sumeit explained that the draft law allows the custodial mother to obtain, renew, and receive the child’s civil documents, including the civil ID and passport, and to register the child in schools or transfer them from one school to another within Kuwait, without requiring a separate court order authorizing these procedures. He added, “It is unacceptable to force a custodial mother to file a lawsuit to obtain or renew her child’s civil documents.”
He further noted that the draft law introduces a coercive fine as a means to compel a non-compliant party to enforce a visitation order. The enforcement applicant may request the enforcement judge to impose this fine in case of non-compliance with the order, including repeated unjustified refusal to comply. Al-Sumeit clarified that the father has full rights to visit his son in accordance with the court order, and that compliance 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 refuses to return them.
Al-Sumeit pointed out that the draft law grants mediators, endorsed by the head of the Family Dispute Resolution Center in executive form, the force of an executive instrument, enabling both parties to implement their agreement without filing a new lawsuit.
He indicated that the draft law includes other solutions for problems families face when enforcing visitation orders, such as establishing visitation centers and staffing them with specialists in family and child affairs. Additionally, in cases of repeated refusal by the child to visit, the child may be referred to psychological or social specialists to identify the reasons for refusal and propose measures that safeguard the child’s best interests.
Concluding his remarks, Al-Sumeit said, “I call upon every father and mother, when disputes between them intensify, to remember the words of Allah the Almighty: ‘And do not forget generosity toward one another.’ It is an act of kindness for each to preserve the other’s place in their child’s heart, and to 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.”
