Legal Loopholes Undermine Fathers' Access To Children In Post-Divorce Kuwait
Lawyer Jamal Al-Khatib explained that many fathers face several problems at these centers for visiting their children. It is important to deal with these problems, such as by training staff on legal procedures to prevent bias or emotional favoritism toward one parent. Employees at these centers play a major role, similar to that of prosecutors and judges in ensuring justice. Overcrowding in some visitation centers has become a serious issue, with children often forced to stand in line, as if at school, waiting for their turn. This situation sometimes leads custodial mothers to leave the center with their children before the scheduled visitation takes place. Lawyer Al-Khatib called for better management of visitation appointments and an increase in the number of centers to accommodate the rising demand. He stressed the importance of clear regulations governing fathers' visitation rights and the strict enforcement of laws against violations.
Lawyer Al-Khatib proposed forming a committee that includes lawyers, judges, sociologists, psychologists, selected representatives from the divorced community, and relevant authorities to develop new mechanisms that address existing gaps and ensure a fair and efficient visitation system.
Meanwhile, Court of Cassation and Constitutional Court Lawyer Khaled Al-Dalmani emphasized that the law governing visitation rights for divorced fathers prioritizes the best interests of the child while seeking to balance the visitation rights of both parents. He expressed concern over the presence of loopholes in the practical application of the law, which can sometimes result in one party gaining an unfair advantage over the other.
Lawyer Al-Dalmani explained that while the law is sound in principle, it requires stronger regulatory enforcement and amendments to close implementation gaps. These include more flexible visitation schedules, the possibility of extending visitation time, and allowing children to stay overnight with their fathers in cases where such rights exist but are not upheld. He stressed the need to increase the number of visitation centers and to develop them under both psychological and legal supervision.
Lawyer Al-Dalmani also highlighted the importance of expanding judicial authority in setting visitation schedules, as well as strengthening the role of the family in resolving marital disputes to help prevent divorce.
Furthermore, Lawyer Athbi Al-Tahnoon said that while young children often require greater care from their mothers, the father's right to see his children must not be overlooked, insisting that the current visitation periods granted to fathers are insufficient. He expressed regret that the current law does not incorporate the concept of joint custody once children reach the age at which they can choose to live with either parent, indicating that many countries have adopted joint custody models.
Lawyer Al-Tahnoon highlighted a serious issue, which is that some custodial mothers make false accusations against the father to hinder his access to the children, leading the children to assume that she alone is their legal guardian. Similarly, some custodial fathers may incite the children against their mother when they are in his care. As a result, when children reach the age where they are legally allowed to choose, they may naturally gravitate toward the parent who either emotionally supported them, or manipulated them against the other parent.
In addition, Psychology professor Dr. Ahmed Salama stressed the importance of divorced couples reaching clear, detailed agreements regarding the fate of their children, particularly concerning custody and visitation. He explained that several children suffer from psychological and neurological disorders due to being deprived of seeing one parent, or as a result of ongoing incitement by one parent against the other. This applies to both mothers and fathers.
Persistent conflicts between parents over custody, alimony, and visitation contribute significantly to children's psychological distress. These issues can negatively impact academic performance and, in some cases, may lead children down dangerous paths such as criminal behavior or drug abuse. It is worth highlighting that, according to PACI, divorce cases among Kuwaitis reached 83,320 by mid-2025. Meanwhile, the Ministry of Justice's annual statistical report showed an increase in divorce cases from 7,865 in 2023 to 8,168 in 2024.
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