Kuwait Court of Cassation principle number 353

Analogy is attaching a matter for which no rule is stipulated to another matter for which a rule is stipulated because they share the operative rationale of the rule. The female custodian's travel with the child in custody to a country other than that in which the child's guardian resides. Its effect. Forfeiture of her custody. The reason therefor: loss of the guardian's right to ascertain the child's circumstances and attend to the child as guardian of the person. The same rationale exists where the female custodian travels with the child to a country other than that in which the guardian resides, leaves the child there, and returns to the guardian's country without bringing the child with her. The effect thereof. Forfeiture of the female custodian's custody in this case by analogy with the case of the female custodian's travel with the child stipulated in Article 195/1 of the Personal Status Law, because the rationale is the same in both cases. - 410 - Civil Procedure