Kuwait Court of Cassation principle number 895

Establishment of custody for the female custodian. Its condition: that she reside with the father in the same locality. - The female custodian’s travel to another country other than the country of the ward’s guardian to reside there, which is travel for relocation. Its effect. Forfeiture of her custody. Article 195/a of Law No. 51 of 1984. - The pregnant wife’s travel to another country other than that in which the guardian resides, her delivery there, leaving the child there, and returning to the guardian’s country. Its consequence. Forfeiture of her custody by analogy with the case of the wife traveling with the ward. - 491 - Personal Status - Judgments rendered in personal status matters. Their res judicata effect is temporary. The reason for that. Their susceptibility to change and amendment as circumstances change. Example concerning custody judgments. - Understanding the facts of the action and assessing its evidence, the reports of the expert appointed therein, and the extent to which the female custodian satisfies the conditions for custody. Within the trial court’s authority. Its condition. Example.