Kuwait Court of Cassation principle number 929

Guardianship over the person. Belongs to the father, then the agnatic grandfather, then the agnate in his own right according to the order of inheritance, provided he is a mahram. - Guardianship over the person. The general rule is that it is exercised by the family member closest in lineage to the minor, namely the father. Disagreement between the female custodian and the guardian of the child in custody on matters other than the child's care. The decision rests with the guardian. - Custody. Its scope. It is vested in the person entitled to raise the minor, foremost among them the mother. - The challenged judgment's ruling that the mother is entitled to transfer her daughters by the appellant to schools near her residence on the basis of her custody of them, overriding the appellant's right prescribed by Articles 209, 210 - 499 - Personal Status of the Personal Status Law. Renders it defective and requires its cassation.