Kuwait Court of Cassation principle number 62

The law of the father’s nationality applies to guardianship of the person and custody. Article 43 - Law 5 of 1961 concerning the regulation of legal relationships involving a foreign element. - The obligation of maintenance between relatives and relatives by marriage is governed by the law of the person owing it. Article 45/1 of the same Law. The guardian of the child in custody may attend to the child and ascertain the child’s circumstances. Its implication: the female custodian may not reside with the child in custody in a country other than that of the guardian without his permission. Basis thereof. Article 195 of Law 51 of 1984 concerning Personal Status and the school of Imam Malik. The female custodian’s permanent residence with the female child in her custody in a foreign state other than the guardian’s country without his permission. Extinguishes her right to custody. Effect thereof: extinction of her right to the female child’s maintenance and housing allowance. The judgment’s contravention thereof. An error in the application of the law requiring its cassation.