Kuwait Court of Cassation principle number 42

Summary: - Visitation rights belong only to parents and grandparents. The custodian may not prevent them from seeing the child in custody. - In the event of prevention and unwillingness to go to see the child at the other’s home, the judge shall set a recurring time and suitable place for seeing the child where the rest of the child’s family can see him, in the hope of fostering sympathy, family harmony, and kinship ties, so as to leave no room for any impurities to settle in the psyche of the child in custody. - Failure to agree on a recurring time and suitable place for visitation. The trial court may determine them in accordance with the considerations intended by the legislature. The condition for this. - Reasons for a judgment. When considered tainted by defective reasoning. Rule: It is established in this Court’s jurisprudence that visitation rights belong only to parents and grandparents, and the custodian may not prevent any of them from seeing the child in custody. In the event of prevention and unwillingness to go to see the child at the other’s home, the judge shall set a recurring time and suitable place for seeing the child where the rest of the child’s family can see him, in the hope of fostering sympathy, family harmony, and kinship ties, and so as to leave no room for any impurities to settle in the psyche of the child in custody. Although, in the absence of agreement, the trial court may independently determine a recurring time and suitable place for visitation sufficient to reconcile the minor’s interests with the considerations intended by the legislature through visitation, this is conditional upon its ruling being based on reasonable grounds with an established basis in the papers. The reasons for a judgment are also considered defective if they contain a flaw affecting the soundness of the inference. This occurs if the court bases its conviction on evidence that is objectively unsuitable to support conviction, or on a failure to understand the factual elements established before it.