Kuwait Court of Cassation principle number 4057

A judgment granting visitation. It must take account of the suitability of its time and place so as to enable the child’s family to see the child. - A litigant’s raising a material defense that would change the view taken of the action and substantiating it with documents. Its necessary consequence: the judgment must scrutinize that defense in light of those documents. Failure to do so. Renders the judgment defective for inadequacy in causation. - The female custodian’s insistence before the trial court at both levels that the minors’ father had previously obtained a judgment enabling him to see his minors, thereby negating the reason for obtaining another judgment for their visitation by the paternal grandmother residing with him in the same house, and her submission of documents evidencing this. A material defense. The judgment’s failure to address that defense by responding to and scrutinizing it. Inadequacy of reasoning.