Kuwait Court of Cassation principle number 914

The mother has the greatest entitlement to custody, whether she is the wife of the minor’s father or divorced from him, so long as she satisfies the conditions of fitness for custody. These conditions are presumed to be satisfied in her until the contrary is established. Assessment of satisfaction of these conditions. A matter for the court of merits. The condition thereof. Example of a ruling that the respondent satisfies the conditions of fitness for custody. The housing obligation. The general rule is that it is to be performed in kind; if housing is available, the obligation does not shift to rent.