The Family Court of Appeals revoked custody of two children from their mother and transferred it to the father after concluding that her frequent trips abroad for tourism purposes left the children with others and led to multiple extended school absences without justification. The decision, issued on June 24, 2026, found that the mother’s conduct failed to meet the legal and practical requirements of a custodian. Attorney Houra Al-Habib, who represented the father, said the circumstances proved the woman’s failure to fulfill her responsibilities and negatively affected the children’s welfare, stability and educational progress.
In its detailed reasoning the court explained that custody extends beyond providing accommodation as it includes direct and continuous care, proper upbringing, supervision and attention as well as the affection and emotional support necessary for a child’s healthy psychological and social development. The ruling pointed out that no evidence was presented to establish that the father was unfit to assume custody. None of the female relatives legally eligible to seek custody had submitted a claim.
Al-Habib further noted that the mother often traveled without taking the children with her, resulting in the school absences that underscored her lack of fitness for the role. She asserted that keeping the children in her custody would not serve their best interests. The lawyer’s arguments formed the basis for the successful appeal that overturned the prior arrangement.
This case reflects a pattern in Kuwaiti family law where courts prioritize the child’s need for stable, continuous parental care. Gulf News reported a similar 2024 decision in which a mother lost custody due to frequent travel, as announced by lawyer Ghada Al Bahdhi citing the Family Appeals Court. Such outcomes demonstrate how repeated parental absences can be deemed detrimental under local regulations.
According to assessments of regional family court practices, repeated travel or long absences affecting childcare and stability can influence custody decisions. The Kuwaiti court system, operating under the Personal Status Law, evaluates each case on its ability to ensure the minor’s educational continuity and emotional well-being. In this instance the lack of any counter-claims from other relatives facilitated the swift transfer of custody.
The ruling reinforces that custodians must maintain direct involvement in their children’s lives, particularly in matters of schooling and daily supervision. Family courts have grown more vigilant in reviewing attendance records and travel patterns when considering modifications to custody agreements. Legal representatives like Al-Habib play a key role in presenting evidence that highlights deviations from these standards.
