In a first-of-its-kind ruling... the Court of Appeal revokes custody due to exploitation of children in social media advertisements

The Court of Appeal, presided over by Advisor Dr. Khaled Al-Mandil, issued its first ruling of its kind, stripping the custodian of custody and awarding it to the children’s father, after concluding that there had been a breach of caregiving and supervisory duties, and the use of the children in advertisements via social media platforms, which negatively impacted their academic performance.

Hawraa Al-Habib, head of the Child Center at the Kuwait Lawyers Association and a lawyer, stated that the judgment embodies the principle of the child’s best interests, and affirms that custody is a legal responsibility before it is a right. She emphasized that exploiting children in advertisements or commercial content, when it affects their education or healthy development, justifies judicial intervention to protect them and safeguard their rights.

The court stressed in its ruling’s reasoning that custody does not terminate paternal guardianship, nor does it negate the father’s educational role. It emphasized that proper upbringing relies on cooperation between the custodian and the guardian, ensuring the child’s best interests are met, with the guardian kept informed of essential developments concerning the child’s health, education, and behavior.

It further noted that Law No. 21 of 2015 on the Rights of the Child guarantees the child’s protection from neglect and exploitation. While a child’s mere appearance in an advertisement does not constitute commercial exploitation per se, the intensity of advertising activities, coupled with a clear decline in academic performance and a lack of family supervision, constitute serious indicators of a breach of custodial duties, especially when such activities compete with the child’s right to education and balanced development.

The court stressed that custody is a trust, not an absolute right of the custodian, and that its continuation depends on the ongoing ability to provide educational and caregiving support, and to protect the child from neglect and exploitation. It reaffirmed that the child’s best interest remains the primary criterion in all custody disputes.

The court concluded that the children’s best interests required transferring custody to their father, after it was satisfied of his suitability and ability to provide a stable and safe family environment. It ruled to strip the custodian of custody, award it to the father, and hand over the children to him for their care and upbringing in accordance with the law.