New Family Law... Facilitates Custody, Penalizes Obstruction of Visitation

- Empower the custodian to obtain official documents for the child and enroll him or her in schools without requiring a court order.

- Regulate child handover and visitation centers, and authorize the imposition of coercive fines to compel the non-compliant party to fulfill its obligations.

- Minister Al-Sumeit: The child is the most affected when disputes between parents intensify; our duty is to make the child’s best interests the foundation of every decision.

- Solutions to problems encountered during the enforcement of visitation orders, including equipping visitation centers and staffing them with specialists.

The Council of Ministers approved a draft decree-law issuing the Family Court Law, aimed at facilitating litigation procedures in family disputes, accelerating their resolution, and enhancing the effectiveness of enforcing court rulings, while safeguarding the best interests of the child.

This came during the Council of Ministers’ meeting held today, Tuesday, under the chairmanship of Prime Minister Sheikh Ahmed Abdullah Al-Ahmad Al-Sabah.

Among the key provisions of the approved draft decree-law is empowering the custodian to obtain and renew the child’s official documents and enroll him or her in schools, without the need for a separate court order authorizing these actions. It also regulates child handover and visitation centers and authorizes the imposition of coercive fines to compel the non-compliant party to fulfill its obligations regarding visitation or overnight stays, in accordance with specified conditions.

For his part, Minister of Justice and Head of the Judicial Council, Nasser Al-Sumeit, clarified that the child is the most affected when disputes between parents intensify, as the child may miss a long-awaited meeting with his or her father or face delays in school enrollment. “Our duty is to alleviate injustice against both fathers and mothers, protect their rights, and make the child’s best interests the basis of every decision affecting his or her life,” he said.

He noted that the draft law allows the custodian mother to obtain, renew, and receive the child’s civil documents, including the civil ID and passport, and to enroll the child in schools or transfer him or her 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 custodian mother to file a lawsuit merely to obtain or renew her child’s civil documents.”

He added that the draft law introduces coercive fines as a mechanism to compel the non-compliant party to enforce visitation rulings. He explained that the enforcement applicant may request the enforcement judge to impose such fines in cases of non-compliance, including repeated unjustified refusal to comply.

Al-Sumeit further stated that the father has full rights to visit his child in accordance with the court order, and that compliance with the ruling is the responsibility of both parties. This applies equally if 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 or her.

He pointed out that the draft law grants executive force to conciliation minutes signed by the head of the Family Dispute Resolution Center, enabling both parties to implement their agreement without filing a new lawsuit.

Al-Sumeit added that the draft law includes other solutions to problems families face when enforcing visitation orders, such as equipping visitation centers and staffing them with specialists in family and child affairs.

He also noted that in cases of repeated refusal by the child to attend visitation, the child may be referred to psychological or social specialists to identify the reasons for the refusal and propose measures that consider the child’s best interests.

Concluding his remarks, Al-Sumeit said, “I urge 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 parent 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 his or her father and feel secure about returning to his or her mother, and to love both parents without feeling pressured to choose between them.”

At the outset of its meeting, the Council of Ministers expressed its hope that the routine medical examinations being undergone by His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, in the United States of America, would be successful. It prayed to God Almighty to grant His Highness complete health and well-being and to ensure his safe and healthy return to the homeland.

The Council of Ministers heard a briefing from Minister of Foreign Affairs Sheikh Jarrah Al-Ahmad Al-Jaber Al-Sabah regarding the political and diplomatic efforts undertaken by the Ministry of Foreign Affairs and its diplomatic missions abroad to keep pace with the latest developments on the regional and international scenes.

In this context, the Minister of Foreign Affairs informed the Council of Ministers about the substance of the telephone conversation he held last Wednesday with the Prime Minister and Minister of Foreign Affairs of the sister State of Qatar, Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani. He also briefed them on the call he received last Friday from the Egyptian Minister of Foreign Affairs, Cooperation with Egyptians Abroad, Dr. Badr Abdelatty, as well as the call he received last Thursday from the Minister of Foreign Affairs of the Islamic Republic of Iran, Dr. Seyed Abbas Araghchi.

The Council of Ministers heard a briefing from Minister of Finance Dr. Yaqoub Al-Rafai regarding his participation in the 42nd Ministerial Meeting of the Standing Committee for Economic and Commercial Cooperation (COMSEC), representing His Highness Sheikh Ahmed Abdullah Al-Ahmad Al-Sabah, Prime Minister. The meeting was held in Istanbul, in the friendly Republic of Turkey, where he delivered a speech emphasizing that the repeated attacks targeting the Kingdom of Saudi Arabia and several Gulf Cooperation Council (GCC) countries and Arab states within the Organization of Islamic Cooperation (OIC) constitute a threat to the security and stability of the region.

The Council of Ministers commended the unified government electronic services application “Sahl” for winning two Gulf awards at the seventh edition of the GCC Digital Government Awards, held in the Kingdom of Bahrain. The awards were for Best Comprehensive Government Application and Excellence in the Best Government Digital Service category for the “Newborn Journey” service.

The Council of Ministers affirmed that this achievement reflects the State of Kuwait’s leadership in the field of digital transformation and the efforts made to develop digital government services. It praised the efforts of the executive committee of the “Sahl” application and the participating government entities, highlighting their cooperation and integration that contributed to this distinguished Gulf achievement. It called for continuing to develop the application and expanding integrated digital services and journeys to facilitate government procedures and provide comprehensive, accessible digital services to citizens and residents.

The Council of Ministers heard a briefing from Minister of Public Works Dr. Noura Al-Mashaan on all details of the general agreement to link the Gulf Cooperation Council countries to the railway project. The agreement was signed last Sunday under the patronage and presence of His Highness Prince Salman bin Hamad Al Khalifa, Crown Prince and Prime Minister of the sister Kingdom of Bahrain, along with the Ministers of Transport and Communications of the GCC countries, as well as the Secretary-General of the Gulf Cooperation Council, Jassem Al-Budaiwi.

Minister Al-Mashaan affirmed that this agreement represents a historic milestone in the journey of joint Gulf work, marking a transition from the planning stage to the implementation commitment stage, in line with the directives of the leaders of the Gulf Cooperation Council countries.

She noted that Kuwait, as the starting point of the project, is committed to implementing its portion in coordination with the Gulf Railway Authority and member states, emphasizing the importance of continuing coordination and cooperation among member states and relevant parties to ensure the integration of the project’s implementation phases and achieve its developmental and economic objectives, thereby strengthening the trajectory of joint Gulf cooperation.

The Council of Ministers expressed its strong condemnation and denunciation of the continued terrorist attacks carried out by the Houthi militia on several areas in the friendly Kingdom of Saudi Arabia, as well as its attempts to target civilian objects and vital facilities, most recently the launch of two ballistic missiles toward the city of Riyadh, and also the attempt to target Medina with a ballistic missile, in a blatant violation of the Kingdom’s sovereignty and a flagrant breach of international law and international humanitarian law.

The Council reaffirmed Kuwait’s firm rejection of these shameful and cowardly terrorist attacks, which constitute a serious escalation and a direct threat to civilian lives and undermine regional stability. It reiterated Kuwait’s absolute solidarity with the friendly Kingdom of Saudi Arabia and its steadfast support alongside the Kingdom in all measures taken to safeguard its sovereignty, preserve its security and stability, and protect its citizens and residents on its territory. It stressed that the security of the Kingdom is an integral part of the security of Kuwait and the security of the member states of the Gulf Cooperation Council.