Personal Status Law for Custody in Kuwait
The Personal Status Law for Custody contains various provisions regarding the age at which custody ends, the age of choice, and other matters related to the custody of children. This article clarifies the legal age for the end of custody for male and female children, the stage that follows the end of custody, and the amount of custody allowance the custodian is entitled to receive.
Age of Custody Termination under Kuwaiti Law
According to Article 194 of the Kuwaiti Personal Status Law for Custody, the legislator has determined that custody for women—whether the mother, maternal aunt, or grandmother—ends for male children upon reaching the age of majority, while custody for female children ends upon marriage and consummation. Custody is not forfeited if the marriage contract is concluded but the husband has not consummated the marriage, and custody continues in the event of divorce before consummation.
If the female custodian is non-Muslim, custody of Muslim children ends when the child reaches the age of seven, as this is considered the age of discernment between right and wrong, to protect the Muslim child from becoming accustomed to a religion other than Islam.
If the custodian is the father, custody of a male child ends upon reaching the age of majority—21 years under Kuwaiti law—and becoming financially independent. Custody of a female child ends upon marriage and consummation.
Conditions for Child Custody in Kuwait
Under Article 190 of the Personal Status Law for Custody, the following conditions must be met by the person applying for custody:
- Must possess full mental capacity and complete legal competence.
- Must be of sound mind and free from psychological disorders.
- Must enjoy good physical health to provide the required care for the child.
- Must have good moral conduct and no prior involvement in cases violating public morals.
What Happens After Custody Ends
After the custody period ends under the Personal Status Law for Custody, the following stage begins:
- Age of Choice: Children are given the right to choose whether to live with the mother, father, or another eligible guardian.
- At this stage, children are considered capable of making their own decisions and choosing the person who provides them with safety and stability.
- The father remains obligated to pay custody allowance for a male child until he reaches working age and earns an income, provided he is not still enrolled in university.
- The father remains obligated to pay custody allowance for a female child until her marriage.
Age of Choice in Kuwait
Under the Personal Status Law for Custody in Kuwait, the age of choice differs between the Ja’fari and Sunni schools of thought:
Ja’fari School
Article 249 states that the age of choice for a male child is upon reaching puberty—approximately 15 lunar years—or upon experiencing a wet dream. For a female child, it is upon reaching nine lunar years. After reaching the specified age, both male and female children have the right to choose between the father and mother.
Sunni School
Under the Sunni school in Kuwait, the age of choice for a male child is 15 years, and for a female child, it is 17 years if unmarried, or if married but the marriage has not been consummated. Upon reaching the specified age, both male and female children have the full right to choose between the father and mother.
Steps to File a Custody Allowance Claim in Kuwait
To file a custody allowance claim under the Personal Status Law for Custody, the following steps must be taken:
- Access the Kuwaiti Ministry of Justice website.
- Select the “E-Services” icon, then register and enter all correct details.
- Choose “Statement of Claims” and click “Agree.”
- Complete identity verification via the “Hawiyati” application.
- Re-enter the Ministry’s website and select “New Claim Statement.”
- Fill in all required details in the application form and attach all necessary documents.
- Select “Follow-up on Claim Statements.”
- Pay all applicable court fees in full.
For legal assistance in filing a custody allowance claim, contact a specialized family law attorney with expertise in Personal Status Law for Custody cases.
Frequently Asked Questions
When does custody of a male child end under Kuwaiti law? Custody ends when the child reaches the age of majority, generally at 15 years, after which the age of choice applies, allowing the child to choose between the father, mother, or another eligible guardian.
When does custody of a female child end in Kuwait? Custody ends upon marriage and consummation. If the marriage is not consummated, custody continues.
How much is the custody allowance in Kuwait? The court determines the custody allowance based on the father’s financial status, generally not exceeding 25% of his income.
Can the wife file for housing and custody allowance? Yes, if she has been granted custody by court order.
Conclusion
The Personal Status Law for Custody in Kuwait grants custody of male children until they reach puberty or the age of majority, and custody of female children until marriage and consummation. Understanding these provisions is essential for safeguarding children’s rights and ensuring their welfare.
