Father wins right to look after son

25/01/2026

KUWAIT CITY, Jan 24: The Administrative Circuit of the Court of First Instance ruled to overturn the decision of the administrative authority and appointed a father as the caregiver of his son with a disability, instead of the mother, granting him all legal rights and benefits stipulated under the Law on the Rights of Persons with Disabilities. The father had submitted a formal request to the competent administrative authority to change the designated caregiver after the mother, who was previously assigned the role, resigned due to health reasons that prevented her from continuing care.

However, the administrative authority rejected the request without any legal basis or legitimate justification. The father then appealed to the courts through his lawyer, Eid Al-Khayari. The lawyer based his argument on the Law on the Rights of Persons with Disabilities, emphasizing that changing the designated caregiver is legally permissible when it is proven that the previous caregiver is unable to continue.

Lawyer Al-Khayari said the decisive factor is the best interest of the person with a disability and the caregiver’s actual ability to meet their needs. The court concluded by establishing a fundamental principle - the best interests of the person with a disability take precedence over any administrative considerations.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff