Latest news with #PersonalStatusLaw
Time of India
4 days ago
- Time of India
Why father's consent is mandatory for children to travel abroad from Kuwait
In Kuwait, minors cannot travel abroad without a father's written consent/Representative Image TL;DR: Kuwaiti law mandates that fathers must give written consent before their minor children can travel abroad, regardless of who accompanies the child. Requirement applies to both Kuwaiti citizens and expatriate families, enforced at all departure points. Consent is obtained by signing an official form at the Passport Office or embassy. In father's absence, mothers may petition the Personal Status Court for a court-issued travel order. The rule aims to prevent child abduction and disputes arising from marital breakdowns. As of July 2025, both citizens and expatriates in Kuwait must now secure explicit written consent from the child's father before any minor under 21 can leave the country even if the child is accompanied by their mother or another guardian. The regulation, enforced by the Ministry of Interior through the Airport Passports Department, reflects Kuwait's legal framework prioritizing paternal guardianship and aims to avert unauthorized relocation and custody disputes amid marital discord. Legal Basis: Why Fathers' Consent is Required Under Kuwait's Personal Status Law, the father or male guardian is the default custodian and sponsor for children. Guardianship laws currently do not confer automatic travel permissions to mothers or other relatives, regardless of the child's age or citizenship status. This cultural and legal norm positions paternal authorization as a cornerstone of travel rights. The Ministry of Interior explicitly reinforced this in 2024 and 2025, stipulating that no expatriate child will be permitted to depart without the father's signed approval, even if travelling with the mother. The policy applies to all ports and checkpoints across Kuwait. Travel Authorization Process Fathers must appear in person at the Airport Passports Department—part of Kuwait's General Administration of Ports—holding their Civil ID and child's information. They must sign an official No Objection Certificate (NOC), which is the legally binding consent form recognized by immigration staff. Alternatively, consent can also be provided via a notarized embassy authorization: typically through translation or legalization services, particularly for expatriates. This is valid if processed at a recognized embassy or consular entity. Exceptions & Court Overrides If the father is absent, deceased, incapacitated, or refuses to sign the consent, the mother can petition the Personal Status Court in Kuwait. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Villas For Sale in Dubai Might Surprise You Villas In Dubai | Search Ads Get Rates Undo The court evaluates travel requests based on the best interests of the child, and may authorize a one-time or permanent travel order. Courts occasionally issue temporary travel permits for emergency situations, medical needs, or educational opportunities. In recent months, there have been multiple reports of children refused boarding or denied exit at Kuwait International Airport due to missing or improper authorization. The Ministry emphasized that all legal formalities must be completed before departure, irrespective of parental relationship or sponsor status. Why It Matters Prevents International Disputes : By cementing paternal consent as mandatory, the system aims to avoid international child custody or abduction scenarios. Legal Consistency : Aligns travel policy with existing guardianship laws emphasizing the father's authority. Impact on Expat Family Planning : Particularly affects expatriate families where the father may be abroad—literally or legally—leading to added coordination. Gender & Mobility Restrictions : Although applied to both genders, in practice it disproportionately limits the autonomy of mothers and female relatives. Kuwait's firm enforcement of father-approved travel for minors marks a significant regulatory step aligning child departure policies with longstanding guardianship laws. While intended to reduce unauthorized travel and protect custody rights, the rule also reinforces paternal authority and adds procedural hurdles to family mobility. For expatriates and Kuwaiti families alike, navigating these requirements demands early planning, completion of legal formalities, and, when necessary, court intervention. FAQ 1. Is father's consent mandatory for a child to travel from Kuwait? Yes, written consent from the father is required for all minors under 21, even if traveling with their mother. 2. How can the father give consent? He must sign an official No Objection Certificate (NOC) at the Passport Office or through a notarized embassy letter. 3. What if the father is unavailable or refuses consent? The mother can apply to the Personal Status Court for a travel order. 4. Does this rule apply to expatriates too? Yes, the rule applies to both Kuwaiti and expat families without exception. 5. Can a child be stopped at the airport without consent? Yes, children without proper authorization are not allowed to leave Kuwait.
Shafaq News
5 days ago
- Politics
- Shafaq News
Islamic Day for Women: Iraqi leaders rally to protect women's rights
Shafaq News – Baghdad At the annual event marking the Islamic Day for Combating Violence Against Women, Iraq's top leadership and the UN Mission issued a unified call for action to address violence against women, pledging legislative reforms, institutional support, and societal mobilization. President Abdul Latif Rashid emphasized the growing threat gender-based violence poses to Iraqi society, blaming years of political instability, terrorism, and unchecked social media narratives for eroding the structure of Iraqi families. 'Iraqi women have suffered marginalization under successive regimes,' he said, referencing coercive practices like forced marriage and legal disenfranchisement. He highlighted the recent amendment to Iraq's Personal Status Law (No. 188 of 1959), enacted in January 2025, which grants women the right to choose the religious legal code applied in marriage contracts. Rashid urged the Sunni and Shiite religious endowments to expedite the release of comprehensive codes protecting women's and children's rights and called on parliament to pass the draft law establishing a national authority for women's empowerment. Prime Minister Mohammed Shia al-Sudani reaffirmed the government's strategic response, citing broad reforms and targeted support. 'More than 576,000 women are now covered under Iraq's social protection system, including over 165,000 female-headed households,' he said, adding that more than 50,000 women in the private sector are enrolled in social security. Al-Sudani detailed the launch of multiple national frameworks, including the National Strategy for Women (2023–2030), the updated National Strategy to Combat Violence Against Women and Girls, and Iraq's third National Action Plan on Women, Peace, and Security (2025–2030). He also confirmed the expansion of government-run women's shelters in four provinces, with more underway, and promised to present a formal report to the UN Human Rights Council in November. Parliament Speaker Mahmoud al-Mashhadani focused on the trauma inflicted on Yazidi women during ISIS's 2014 offensive. 'What happened was not just a crime against them, it was a conspiracy against Iraq itself,' he said. 'We failed to protect them, and we cannot forgive ourselves until those responsible seek their pardon.' UN Secretary-General's Representative in Iraq, Mohamed El Hassan, echoed calls for decisive action. 'If the family is the foundation of society, then the woman is its strongest pillar,' he stated. He described ongoing patterns of violence and exclusion as 'systemic' and widespread across Islamic societies, urging both Iraqi institutions and international partners to uphold women's rights as a cornerstone of national stability. Ammar al-Hakim, leader of the National Wisdom Movement (Al-Hikma), used the occasion to unveil a grassroots initiative, 'My Family, My Nation,' encouraging Iraqi women to reclaim their roles as anchors of societal cohesion. 'Whether homemakers or professionals, Iraqi women are the backbone of our identity,' al-Hakim said, urging women to find strength through family care, cultural values, and national responsibility. The initiative aims to deliver training, psychological support, and educational outreach to help women balance domestic duties with public life, while promoting open dialogue on family unity and shared responsibilities between spouses. Al-Hakim called on civil society, media, educational institutions, and the state to back the effort. 'Together, we can build a nation rooted in compassion, wisdom, and shared strength—where the role of Iraqi women is not just preserved, but elevated,' he concluded.
Khaleej Times
06-07-2025
- General
- Khaleej Times
WhatsApp divorce: What UAE law says about ending marriage over chat
Question: I am a working lady from an Asian country. I am living alone here, and my husband is in his home country. Due to personal differences, he sent me a divorce in a voice note on WhatsApp. Please let me know what the UAE law says about divorce on WhatsApp. Answer: It is assumed that you and your husband are Muslims, and earlier your husband was a resident of the UAE. Furthermore, it is assumed that you intend to accept the divorce pronounced by your husband. In the UAE, a divorce is defined as the dissolution of the marriage contract by the will of a husband through words indicating such separation. This is in accordance with Article 53 of the UAE Personal Status Law, which states, 'Divorce is the dissolution of the marriage contract by the will of the husband through the word indicating it. There are two types of these words: 1. Explicitly, which is the word of divorce or a derivative thereof. Metaphorically, which is a word that may mean divorce or something else if the husband intends to divorce by it.' A divorce is recognised in the UAE if a husband pronounces it to his wife either by speech or writing. This is in accordance with Article 54(1) of the UAE Personal Status Law, which states, 'Divorce is pronounced by the husband by speech or writing by any means, and if he is unable to do either, then by a comprehensible signal.' However, a husband is required to document the divorce in the competent court within 15 days of the pronouncement of divorce. This is in accordance with the Article 58 (1) of the UAE Personal Status Law, 'The husband shall document the divorce before the competent court within a maximum period of (15) fifteen days from the date of its occurrence, and this does not prejudice the wife's right to file a case to prove the divorce.' An individual may file a civil or personal case against his or her spouse, even though the spouse does not have residency in the UAE. This is in accordance with Article 4(2) of the UAE Personal Status Law and Article 20(4) of the UAE Civil Procedure Code, which reads as follows: Article 4(2) of the UAE Personal Status Law - Competence of Courts in Cases Filed Against a Foreigner Who Has No Domicile in the State 'If the case is related to a request to revoke or annul a marriage contract, or to divorce or repudiation, and the case is filed by a state citizen wife or a wife who has lost the citizenship of the state, provided that she has a domicile or place of residence in the state, or if it is filed by a wife who has a domicile or place of residence in the state against her husband who had a domicile, place of residence or place of work in the state, provided that the husband has abandoned his wife and made his domicile or place of residence or place of work abroad, has been deported from the state or if his domicile abroad is unknown.' Article 20 (4) of the UAE Civil Procedure Code 'The courts shall have jurisdiction over a foreigner who has no place of residence or domicile in the State in the following case: - If the legal proceeding is instituted by a wife who has a place of residence in the state against her husband who had a place of residence therein'. Additionally, a notarised foreign document may be enforced in the UAE. This is in accordance with Article 224 under Chapter 4 of Execution of Foreign Judgments, Orders and Instruments of the UAE Civil Procedure Code, which states, '1. An order may be made for the enforcement in the State of notarised documents and Memoranda of Composition certified by the Courts of a foreign country on the same conditions laid down in the laws of that country for the enforcement of similar instruments issued in the State. 2. An application for an enforcement order in Clause (1) of this Article shall be requested by means of a petition submitted to the Execution Judge with the same procedures and conditions stipulated in Clause (2) of Article [222] of this Code. No order for enforcement may be made until after it has been ascertained that the conditions for the enforceability of the document or memorandum have been satisfied in accordance with the law of the country in which it was notarised or certified and that it contains nothing contrary to morals or public order in the state.' Based on the above, a divorce pronounced by your husband via voice notes over WhatsApp outside the UAE may be valid if it fulfils the tests laid down in the provisions of UAE law mentioned hereinabove. If you have a consensus on the divorce pronounced by your husband, who is outside the UAE, you may request him to obtain a notarised document confirming the contents of the voice notes over WhatsApp sent to you, if the same is a valid procedure in his home country. Thereafter, once the said document is attested by the UAE embassy in the home country of your husband, it should be attested by the Ministry of Foreign Affairs in the UAE. On completion of this procedure, you need to legally translate the divorce confirmation document mentioned above and attest it from the Ministry of Justice in the UAE. For further clarification on this matter, you may seek legal advice from a legal counsel practising in the UAE, or you may approach a Personal Status Court in the UAE to seek more clarification on this matter.
Zawya
03-07-2025
- Business
- Zawya
Kuwait: Draft law proposes unit to track undeclared earnings
KUWAIT CITY - Attorney Aseel Al-Saif said she submitted a draft law on the establishment of a new police department called the 'Community Investigations Department for the Undeclared Economy' to the office of Minister of State for Cabinet Affairs Sharida Al-Maousherji. Al-Saif stated that the department will specialize in uncovering and tracking unverified sources of income in the traditional financial system, particularly in personal status cases related to alimony and custody. She disclosed that the aim is to develop State tools to keep pace with modern economic transformations and promote financial justice in light of the increasing incidence of financial fraud, as some heads of households conceal their actual income to reduce their obligations to their wives and children after separation. She pointed out that 'courts today are confronted with a new reality of undocumented income, such as profits from social media accounts, online sales through unlicensed platforms, income from properties rented without contracts, profits from digital currencies, and cash transfers. This makes proof of income through a bank statement insufficient to fairly estimate alimony.' She revealed this legal move is based on Article 123 of the Personal Status Law, which stipulates that 'alimony is estimated according to the financial status of the supporter -- whether wealthy or poor, while taking into account the status of the beneficiary.' She stated this requires knowledge of actual income, not apparent income. She added, 'Justice is not served if we rely solely on traditional paperwork that conceals undeclared income. Women and children are the first victims of this imbalance. Therefore, we must take legislative action in line with the new economic reality.' The following are the main stipulations of the draft law: - Collection and analysis of information on the parallel economy, such as e-commerce and digital currencies; - Reports of the department are considered valid technical evidence for submission to courts in alimony cases. - The department has the authority to contact banking and financial institutions with a judicial warrant; - Promote social justice and guarantee the rights of divorced women and their children. Arab Times | © Copyright 2024, All Rights Reserved Provided by SyndiGate Media Inc. (
Arab Times
02-07-2025
- Business
- Arab Times
Draft law proposes unit to track undeclared earnings
KUWAIT CITY, July 2: Attorney Aseel Al-Saif said she submitted a draft law on the establishment of a new police department called the 'Community Investigations Department for the Undeclared Economy' to the office of Minister of State for Cabinet Affairs Sharida Al-Maousherji. Al-Saif stated that the department will specialize in uncovering and tracking unverified sources of income in the traditional financial system, particularly in personal status cases related to alimony and custody. She disclosed that the aim is to develop State tools to keep pace with modern economic transformations and promote financial justice in light of the increasing incidence of financial fraud, as some heads of households conceal their actual income to reduce their obligations to their wives and children after separation. She pointed out that 'courts today are confronted with a new reality of undocumented income, such as profits from social media accounts, online sales through unlicensed platforms, income from properties rented without contracts, profits from digital currencies, and cash transfers. This makes proof of income through a bank statement insufficient to fairly estimate alimony.' She revealed this legal move is based on Article 123 of the Personal Status Law, which stipulates that 'alimony is estimated according to the financial status of the supporter -- whether wealthy or poor, while taking into account the status of the beneficiary.' She stated this requires knowledge of actual income, not apparent income. She added, 'Justice is not served if we rely solely on traditional paperwork that conceals undeclared income. Women and children are the first victims of this imbalance. Therefore, we must take legislative action in line with the new economic reality.' The following are the main stipulations of the draft law: - Collection and analysis of information on the parallel economy, such as e-commerce and digital currencies; - Reports of the department are considered valid technical evidence for submission to courts in alimony cases. - The department has the authority to contact banking and financial institutions with a judicial warrant; - Promote social justice and guarantee the rights of divorced women and their children.
