Child’s custody: Fathers face uphill battle in Kuwait

By Ahmed Al-Sabeeh

KUWAIT: Determining custody arrangements for fathers can be particularly challenging when seeking a divorce in Kuwait. The legal framework has traditionally favored mothers, often resulting in fathers not securing full custody of their children. Consequently, fathers are required to engage in legal battles to obtain full custody, demonstrating their commitment to caring for their children with respect and kindness.

To convince the judge, fathers must provide concrete evidence of their capabilities as caregivers, while also highlighting any concerns about the mother’s suitability. These concerns may include issues like infidelity or substance abuse as such behaviors do not align with the role of a nurturing mother for their children. Kuwait Times spoke with Lawyer Sultan Al-Shemali to shed more light on this matter.

Kuwait Times: Did recent changes in custody laws impact the rights of fathers seeking custody?

Al-Shemali: Recent changes in Kuwaiti family law, including the establishment of a family court, have influenced custody arrangements as a whole.

KT: What are the key factors that courts consider when determining custody arrangements for fathers?

Al-Shemali: Factors such as religious sect, mental health, travel commitments, criminal records, and the child’s best interests are considered in custody decisions.

KT: What steps can fathers take to demonstrate their capability as parents during a custody battle?

Al-Shemali: Fathers can prove their capability by showcasing their ability to provide proper care and a supportive environment for the child.

KT: How does the concept of the child’s best interests guide custody decisions, and how can fathers align with this principle?

Al-Shemali: Custody decisions are guided by the child’s best interests, which may involve assessing the father’s capability to provide a safe and nurturing atmosphere.

In some cases, the parents do not want to prolong their claim of custody as it may have bad effects on their psychological health and their children and to avoid that they pivot the court route and settle it officially in a lawyer’s office where a contract is drawn up to settle their dispute and that contract has the stance of the court’s verdict itself.

Talking about joint custody, he said it is a false belief since the idea of joint custody is demonstrated within certain countries such as the United States, therefore, it is not applied in Kuwait. On the other hand, such an idea can be mutually agreed outside of court with certain conditions. Custody law in Kuwait is derived from the sharia law and fathers seeking custody need to prove their fitness for custody and establish how mothers’ custody can be harmful for the child’s best interest.

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