Father Granted Overnight Visitation with Custodial Mother Under Jafari Law
KUWAIT CITY, Mar 12: In a groundbreaking judicial precedent, the Family Court (Jafari law) has issued its first ruling of its kind in a child visitation case, granting a father the right to visit his daughter and spend the night with her custodial mother. This decision marks an exception to the Jafari law, which typically prohibits a child in custody from spending the night with the custodian. Attorney Hawra Al-Habib, who defended the father, argued that the relevant legal provision applies only to children in custody and not to those who have reached the age of discretion (maturity). She further emphasized that even if children have passed this age, it does not negate the rights of parents who were not granted custody to spend time with them.
The court, in its reasoning, affirmed the father's right to visit his daughter during court-determined times, stating that this decision promotes empathy, family harmony, and the preservation of kinship ties, all of which align with the daughter's best interests and legal principles. The court found the father's complaint to be well-founded in both fact and law and ruled accordingly. Additionally, the court ordered the complainant to cover all associated expenses, including attorney fees, as per Article 1/119 of the Code of Civil Procedure. This ruling sets a significant precedent in balancing parental rights and child welfare under Jaafari law.
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