Kuwaits Family Court (Inset) Lawyer Hawra Al Habib
KUWAIT CITY, March 12: In a first-of-its-kind legal precedent in child visitation cases, the Family Court’s Ja’afari Circuit ruled that a father has the right to visit his daughter and have her stay overnight at his residence, despite her being in her mother’s custody. This ruling marks an exception to the existing Ja’afari law, which typically prohibits a child from spending the night with a non-custodial parent. Lawyer Hawra Al-Habib, who represented the father, explained that the legal provision prohibiting a child from spending the night with a non-custodial parent applies only to children who are below the age at which they can make their own decisions. It does not apply to children who have surpassed that age.
Even if the children do not choose to spend the night with the non-custodial parent after reaching the age of choice, it does not mean that the other parent is deprived of the right to have their child spend the night at their home. She stressed the importance of this right in strengthening family relationships and communication between parents and their children. In its ruling, the court affirmed that the father has the right to see his daughter on the dates set by the court, emphasizing that this decision promotes empathy, family harmony, and kinship ties in a manner that is in line with the child’s best interests and complies with the law. Accordingly, the court granted the father’s request, allowing him the right to visit his daughter and spend the night at his residence. The court also ordered the complainant to pay the expenses and lawyer fees, under Article 119/1 of the Code of Civil Procedure.
By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff and Agencies
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