Guidance

Information on child abduction in Kuwait

Updated 23 March 2021

Disclaimer

Any information contained in these pages relating to the legal system in Kuwait is provided for general information only. Independent legal advice should be sought in Kuwait for specific information relating to individual cases.

Parental child abduction

The abduction of a child from the UK to Kuwait is NOT a crime in Kuwait unless there is a Kuwaiti court order regarding custody of the child or travel restrictions. Parental child abduction is, however, a criminal offence in Kuwait if a parent or grandparent removes a child from the person who is entitled to custody according to a Kuwaiti judicial decision. However, child abduction is not punishable if the parent proves that s/he had no intention to abduct the child and believed that s/he had legal custody of the child.

Kuwait has not signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention seeks to return children abducted or retained overseas by a parent to their country of habitual residence, for the courts of that country to decide on matters of residence and contact.

There is no agreed international system in place to return children from Kuwait to the UK. Therefore, parental child abduction cases from the UK to Kuwait are often difficult to resolve. Neither the British government nor the British Embassy can force the abducting parent or the Kuwaiti government to return a child to the UK.

There is no extradition treaty in force between the UK and Kuwait.

Custody issues

Kuwaiti Personal Status Code will apply if both parents are, or where only the father is, Kuwaiti. In the case of Shia Muslims, custody issues are governed by Jaafari Religious law. A Shiite mother has the right to custody of her daughter until the age of nine and her son until the age of fifteen.

After this age, they will be given the option to choose to stay with their mother or live with their father.

If the mother is Sunni, she retains the right of custody of a boy until he reaches puberty and of a girl until she gets married. Upon reaching fifteen or puberty, a boy is then given the decision to choose which parent he would like to live with. Custody does not automatically pass to the father if the mother loses custody, but instead first to the maternal grandmother and subsequently to other female members of the maternal family before passing to female members of the paternal family.

If the mother is non-Muslim, custody of her children ends at the age of seven. If she loses custody, the children will go to the father rather than the maternal grandmother. If the father is Kuwaiti, the mother must reside in Kuwait in order to maintain custody.

If a mother is proven unfit to look after her children, she will lose custody through the Kuwaiti courts. A mother who remarries may also lose custody of her children. Appeals are possible and usually take a minimum of seven months. The parent who does not have custody is entitled to contact with the child if they have a Kuwaiti court order.

This section constitutes general information on the Kuwaiti system. For detailed information and advice on how the law may apply to the circumstances of individual cases, independent legal advice should be sought in Kuwait.

Travel

In cases where parents are divorced or separated, written consent is required by the other parent in order for the custodian parent to leave Kuwait with the child. It is possible for a father to apply through the Kuwaiti courts to have a travel ban put on the child to prevent him/her from leaving the country i.e. if they fear the other parent may abduct the child overseas.

If there is a travel ban in place, the parent would be prevented from leaving the country with the child.

No exit visa is required. UK Emergency Travel Documents may be used for departure from Kuwait in cases of emergency if the British passport has been lost or stolen, but would need to be authorised by the Kuwait authorities.

The same passport should be used to enter and exit the country (i.e. if the child enters on a Kuwait passport, they should also exit on a Kuwait passport).

Kuwait does not recognise dual nationality. A Kuwaiti will lose their nationality upon the acquisition of another.

Children with dual nationality have two years after reaching majority to decide whether to retain Kuwaiti nationality or keep their other nationality.

Mediation

Mediation is an option when parents are not able to reach an amicable agreement between themselves about their children’s futures, but do not wish to take court action. A neutral party, or mediator, can assist in enabling parents to form a mutually acceptable decision on custody and contact with their children.

The Family Consulting department which falls under the Kuwait Ministry of Justice provides advice and mediation services to spouses in dispute on issues of custody. For more information on the Family Consulting department and the help they can offer, call 00 (965) 24894613.

Reunite is the leading UK charity specialising in international parental child abduction. The services range from offering practical impartial advice and mediation to providing a helpful support network aimed at those who have had their child abducted. For more information, visit Reunite’s website or call 0116 2556 234