International Parental Child Abduction

Kuwait

DISCLAIMER: The information in this circular relating to the legal requirements of a specific foreign country is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

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GENERAL INFORMATION: Kuwait is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between Kuwait and the United States dealing with international parental child abduction. American citizens who travel to Kuwait are subject to the jurisdiction of Kuwait courts, as well as to the country's laws and regulations. American citizens planning a trip to Kuwait with dual national children should bear this in mind.

CUSTODY DISPUTES: Cases involving divorce and the custody of minor children are adjudicated in religious courts. If the marriage partners are Muslim, disputes will be resolved before an Islamic Shari'a court which will apply principles of the Islamic sect (Shia or Sunni or mixed) of the parties involved. A Shari'a court would also hear a dispute between a Muslim husband and non-Muslim wife. Marriage between a Muslim woman and non-Muslim man is prohibited in Kuwait. In the case of Christians, the court will be an Ecclesiastical Court composed of clergymen from the appropriate religious community, who will refer to the principles governing family status in the Greek Orthodox Church, Roman Catholic Church or other Christian denomination.

In both theory and practice, Muslim and Christian courts in Kuwait differ very little in how they resolve disputes over the custody of children of divorced or separated parents. The relevant laws all give priority for custodianship to the mother as long as certain restrictive conditions are met. However, once the children reach adolescence, the father can appeal for custody, except in the Sunni sect where the daughter stays with her mother until marriage. If a court finds the mother not fit to have custody, a maternal grandmother living in Kuwait or a paternal grandmother (if the maternal grandmother is not living in Kuwait) will be given custody until the children reach the age at which the father may appeal for custody.

In actual practice, the conditions placed on the mother's primary right to custody often enable the father to maintain a great deal of influence over the rearing of the children, even though he may not have legal custody. For example, the mother must seek his approval to depart Kuwait with the children. Frequently, the father is actually able to assume legal custody against the wishes of the mother when she is unable or unwilling to meet the conditions set by law for her to maintain her custodial rights.

A mother can lose her primary right to custody of a child in a number of ways. The court can determine that she is incapable of safeguarding the child or of bringing the child up in accordance with the appropriate religious standards. The mother can void her right to custody by re-marrying a party considered "unmarriageable," or by residing in a home with people who might be "strangers" to the child. The mother may not deny visitation rights to the father or the paternal grandfather and may not travel outside Kuwait with the child without the father's approval and the approval of the court. In general, a Kuwaiti man divorcing his non-Kuwaiti wife may be awarded legal custody of their children if the court determines that any of the above conditions have not been met.

Under Shari'a law, if a mother removes a child from the father thus denying him access, the mother's custody rights can be severed. An attempt to remove children from Kuwait without permission from the father is considered a criminal act in Kuwait. The U.S. Embassy cannot prevent the Kuwaiti government from arresting and either deporting or prosecuting an American citizen who violates Kuwaiti law.

A Kuwaiti father can remove his children from Kuwait without approval from the mother. A mother can seek a travel ban to prevent the father from taking the children out of Kuwait.

Persons who wish to pursue a child custody claim in a Kuwaiti court should retain an attorney in Kuwait. The U.S. State Department and the U.S. Embassy in Kuwait maintain a list of attorneys willing to represent American clients. A copy of this list may be obtained by contacting either office.

Specific questions regarding child custody in Kuwait should be addressed to an attorney practicing in Kuwait or to the Embassy of Kuwait at:

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Kuwait if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to a parent will not be honored in Kuwait if the parent intends to take the child to live outside Kuwait. Nor will Kuwaiti courts enforce U.S. court decrees ordering a parent in Kuwait to pay child support. However, a court hearing a custody case in Kuwait may take into consideration the law of the country of the father's nationality. An American father with a U.S. court order granting him custody might find that order helpful (though not binding) in a custody proceeding in Kuwait.

VISITATION RIGHTS: In cases where the father has custody of a child, the mother is guaranteed visitation rights. It has been the experience of the U.S. Embassy in Kuwait that the father and the paternal grandparents of the child are generally very open and accommodating in facilitating the right of the mother to visit and maintain contact with the child.

DUAL NATIONALITY: Dual nationality is not recognized under Kuwaiti law. Children of Kuwaiti fathers automatically acquire Kuwaiti citizenship at birth, regardless of where the child was born. Women cannot transmit citizenship. Kuwaiti citizens must enter and exit the country on Kuwaiti passports.

TRAVEL RESTRICTIONS: Exit visas are not required to leave Kuwait. However, a mother may face serious legal difficulties if she attempts to take her children out of Kuwait without the permission of the father. Immigration officials at the airport or border often ask to see permission from the father in writing before allowing children to exit, and have even been known to confirm a written request by contacting the father. If a woman has not placed a travel ban preventing a father from removing children from Kuwait, a father will usually be permitted to exit Kuwait with his children without difficulty.

CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation (FBI). Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org.

For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov.

The State Department has general information about hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Public Announcements or Travel Warnings that may recommend U.S. citizens deter travel to that country. These documents are available on the Internet at http://travel.state.gov.

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