Justice Minister: Family Court Bill Allows Custodian to Obtain Child's Documents - Sarmad

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

Advisor Al-Sumait told the Kuwait News Agency (KUNA) that the child is the most affected party when disputes between parents intensify, as he may miss a meeting with his father or face delays in school registration. He added, “Our duty is to lift injustice from both father and mother, uphold their rights, and make the child’s best interests the foundation of every decision affecting his 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, and to enroll him in schools or transfer him 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 to obtain or renew her child’s civil documents.”

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

He added that the father has full rights to visit his son in accordance with the court order, 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 him.

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

He 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.

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

He called on every father and mother, in the event of intensified disputes, to remember God’s words: “And do not forget graciousness between yourselves.” He urged them to show kindness by preserving each other’s standing in their child’s heart, to refrain from indecency in their disputes, and to recognize that the child needs to rejoice in meeting his father and feel secure in his return to his mother, loving both parents without feeling compelled to choose between them.