Kuwait Court of Cassation principle number 57

Application of the law of the father's nationality in the country in guardianship over the person and in custody. Article 43 of Law 5 of 1961. Establishment that the husband is a Saudi national. Its necessary consequence. Application of the Hanbali school to the action. Under the Hanbali school, the mother's travel with the child in her custody to a country where the marriage contract was concluded. Does not extinguish her right to custody. - The mother's return after separation with the children in her custody to her country, Kuwait, where the papers establish that the marriage was contracted. Does not extinguish her custody. The challenged judgment's departure from this view. An error requiring cassation of the judgment.