Ruling overturned as court fines Kuwaiti female in ‘custody’ case

KUWAIT CITY, Sept 19: The Court of Appeals overturned a lower court ruling that ordered a female citizen to pay KD 2,000 in moral damages to her ex-husband for depriving him of his visitation rights with their children. The appellate court reduced the compensation amount to KD 1,000 while upholding the remainder of the judgment.

However, he discovered that his ex-wife had repeatedly traveled abroad with the children, despite court orders rejecting requests for such travel. The court indicated that the plaintiff submitted the entry and exit records of the children, which confirmed their departure from the country from May 24 to June 28, 2024, as well as from Dec 20, 2025, onwards. The Court of First Instance previously ordered the defendant to pay KD 2,000 in moral damages and KD50 in legal fees. It reached this decision after establishing her fault, evidenced by her repeated failure to comply with the visitation judgment, her failure to bring the children to the designated visitation center, and her departure from the country with them despite the travel ban. The court stated that these actions deprived the father of his visitation rights and caused him moral injury and psychological distress due to his inability to see his children. However, it rejected his claim for compensation for material damage, finding no grounds for it.

On appeal, the female citizen argued that she traveled to the Arab Republic of Egypt to sit for law school examinations and was compelled to take the two children with her because she had no one with whom to leave them, thereby negating the element of fault. She further contended that her ex-husband failed to fulfill his own obligations under the visitation order, having missed scheduled visits on several occasions.

Nevertheless, the Court of Appeals upheld the lower court’s finding of fault, indicating that the appellant failed to present any evidence that would alter the outcome of the case. Meanwhile, the court deemed the awarded compensation of KD2,000 excessive and disproportionate to the moral injury suffered by the father, emphasizing that compensation for moral injury must be commensurate with the harm caused and should not become a means of unjust enrichment or punitive retribution. The court reduced the compensation to KD1,000 while upholding the remainder of the judgment and ordered the appellee to bear the legal costs and KD20 in attorney’s fees.