Kuwait Court of Cassation principle number 1667

Custody judgments have temporary res judicata authority. They are amenable to change and alteration, and may be set aside as their grounds and the circumstances in which they were rendered change. The rationale for this. - The extent of changes in circumstances that may arise after the previous judgment. It is for the judge of merits alone to assess, without review. Its condition. That the ruling be based on sound reasons having a basis in the case papers. - The authority of res judicata precluding resubmission of the dispute. Its criterion. That the issue previously adjudicated was fundamental, was contested by the parties in the first action, and its truth was established between them by the first judgment conclusively and comprehensively so as to preclude its renewed discussion, and that it was itself the basis of the rights claimed by either party against the other in the second action. An example concerning rejection of the plea that the action may not be heard because it has previously been adjudicated, owing to the change in circumstances between the two actions.