Child Custody (Hadana)
Written in plain language for general understanding. This is educational content, not legal advice. Based on Kuwaiti national legislation, Amiri decrees, and ministerial decisions.
Kuwaiti National Law
What is this right?
After divorce, Kuwait law gives the mother priority in physical custody (hadana) of young children:
- Sunni law (majority): The mother has custody of boys until age puberty and girls until marriage. The child can then choose which parent to live with.
- Ja'fari (Shia) law: The mother has custody of boys until age 2 and girls until age 7, after which custody goes to the father.
- The court always decides based on the best interests of the child.
- A mother may lose custody if she remarries someone not related to the child, neglects the child, or is deemed unfit.
- The father remains the legal guardian (waliy) even when the mother has physical custody — he makes major decisions about education, travel, and medical care.
When does it apply?
- You are divorcing and have minor children.
- You are the mother and want to keep physical custody of your children.
- You are the father and want to exercise your guardianship rights or claim custody.
What should you do?
- File a custody claim at the Family Court as part of or after divorce proceedings.
- Provide evidence that you can give the child a stable home, proper care, and education.
- If the other parent is denying your visitation rights, file a complaint with the court.
- Get a court order before travelling abroad with your child — taking a child out of Kuwait without the father's consent is a criminal offence.
What should you NOT do?
- Do not take the child abroad without the other parent's written consent or a court order — this can result in criminal charges.
- Do not deny the other parent visitation without a court order — the court can reverse custody for this reason.
- Do not assume custody is permanent — the court can modify arrangements if circumstances change.
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