Kuwait Court of Cassation principle number 922

Custody under the Ja‘fari school. A right of the mother if she so wishes. It lapses upon her relinquishment of it and merely upon her marriage to a stranger to the child in custody, even if the second husband separates from her. The basis for this: the Ja‘fari rule that “that which has lapsed does not return.” The father follows her immediately in the order of entitlement to custody. - The challenged judgment’s ruling that the mother’s right to custody lapsed because of her marriage to a stranger to the minor and that custody of the latter passed to the father. Correct. The ground of challenge concerning the issuance of a judgment invalidating the mother’s marriage contract with the second husband. Ineffectual.