Mother loses custody of children over social media post

The Court of Appeals in Kuwait has transferred custody of two children from their mother to their father after ruling that the children had been neglected and used in social media advertising in a way that harmed their education.

The Court of Appeals, presided over by Judge Dr Khaled Al-Mandeel, found that the mother’s involvement of the children in commercial content, combined with a decline in their academic performance and inadequate family supervision, amounted to a breach of her custodial responsibilities.

Attorney Houra Al-Habib, Director of the Child Center at the Kuwaiti Lawyers Association, stated that the ruling is based on the principle of considering the best interest of the children and affirms that custody is a legal responsibility.

She said that while featuring children in advertisements is not automatically considered commercial exploitation, judicial intervention becomes necessary when such activities negatively impact their welfare or schooling.

In its judgment, the court said custody does not diminish the father’s parental authority or educational role. It added that raising children requires cooperation between the custodial parent and the legal guardian to safeguard the best interests of the children.

The judges also cited Kuwait’s Child Rights Law No. 21 of 2015, which provides protections against child neglect and exploitation.

The court said that although a child’s appearance in advertising is not, by itself, unlawful, intensive commercial activity coupled with poor academic performance and a lack of proper supervision can justify a change in custody.