Kuwait Court of Cassation principle number 437

The law of the father's nationality applies to guardianship over the person and to custody. Article 43 of Law 5 of 1961 concerning the regulation of legal relations involving a foreign element. - The maintenance obligation between relatives and relatives by marriage is governed by the law of the person owing it. Article 45/1 of the same law. The guardian of the child in custody is entitled to attend to the child and ascertain the child's circumstances. Its implication: the female custodian may not reside with the child in a country other than the guardian's country without his permission. The basis thereof. Article 195 of 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 foreign state other than the guardian's country without his permission. Extinguishes her right to custody. Its effect: the lapse of her right to the female child's maintenance and housing allowance. The judgment's contravention thereof. An error in applying the law requiring its cassation.