Kuwait Court of Cassation principle number 911

The law of the father's nationality applies to guardianship over the person and to custody. Article 43, Law 5 of 1961 concerning the regulation of legal relations involving a foreign element. - Maintenance obligations between relatives and relatives by marriage are governed by the law of the person owing maintenance. Article 45/1 of the same Law. The guardian of the child in custody may look after 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 the guardian's country without his permission. The basis therefor. Article 195, 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 country foreign to the guardian's country without his permission. Forfeits her right to custody. Its effect: lapse of her right to maintenance for the female child in custody and rent for her accommodation. The judgment's contravention thereof. An error in - 495 - Personal Status application of the law requiring its cassation. - The female custodian's permanent residence with the female child in her custody in a country foreign to the guardian's country without his permission. Forfeits her right to custody. Its effect: lapse of her right to maintenance for the female child in custody and rent for her accommodation. The judgment's contravention thereof. An error in application of the law requiring its cassation.