Kuwait Court of Cassation principle number 907

Forfeiture of the father's right to custody of his children if he does not seek it within a year from the date he learns of the female custodian's marriage to a man who is not a mahram of the minor and consummation of the marriage with her. Article 191 of Law 51 of 1984 concerning Personal Status. The reason: stability of the child's situation. The reason applies to anyone having the child in his care. The consequence: anyone having the minor in his care may raise this defense against a person entitled to custody who fails to seek it within the prescribed period. - Understanding the facts of the action, assessing evidence, including witness testimony, and preferring what is found reliable. A matter for the trial court. The condition for this. An example of sound reasoning for rejecting the father's request to take the minor into his custody based on the court's confidence in the testimony of the female custodian's two witnesses that he had learned of her marriage to a non-mahram more than a year before bringing his action. - The court's disregard of the request to obtain the child's medical treatment file and refer the latter for medical examination. No defect. So long as its ruling did not rely on his health condition. - The court's failure to grant the request to remit the action for further evidentiary investigation. No defect. So long as it enabled the appellant to disprove the facts that the female custodian was required to prove, he failed to produce his witnesses, and the papers as they stood were sufficient for the court to form its conviction. - 494 - Personal Status