The Kuwaiti Law sets controls for guardianship over the minor child, including that the guardian shall be sane and adult and shall be the closest to him in the consanguinity, such as the order of inheritance: son, father, brother, uncle, then mother. If the aforementioned persons cannot be found in their order, the guardianship case shall be transferred to the judge to consider it and appoint a guardian for the minor to manage his affairs, taking into account the interests of the minor. Knowing that a stranger shall not be a guardian except with the guardianship of the father, grandfather, or the judge. Additionally, the father or grandfather may not waive guardianship while they are alive without a legal basis.
There are many judicial procedures followed in the case of revoking the guardianship, as the Kuwaiti family law attorney of the guardianship case presents evidence and proof of the corruption of the guardian’s morals, betrayal, or mismanagement of the minor’s financial or moral affairs, and then the judge may decide to dismiss him and terminate the guardianship. The case for guardianship revocation is not proven unless it is associated with a clear corruption or mismanagement by the guardian.
According to educational guardianship, the incubator has the right to supervise and follow up on the educational affairs of the child under custody, from transferring files, registering him at school, attending parents’ meetings, as well as extracting the child’s official documents and using them in any legal proceedings before the competent authorities. The mother shall file an educational guardianship lawsuit and obtain a judgment authorizing her to exercise educational guardianship over the child.
This is in accordance with Article 40 of the Child Protection Law, which states: “Education is a right for all children and they may not be deprived thereof. The educational guardianship of the child shall be granted to the custodian, whether the father, mother, guardian, or custodian - in accordance with the provisions of Personal Status Law No. 51 of 1984 and the interests of the child.
The Ministry of Education is responsible for registering the child in the educational stage appropriate to his age, and for children of unknown parentage, the Ministry of Social Affairs and Labor replaces the educational guardian. It is worth mentioning that being assisted by a skilled family-law lawyer in Kuwait will protect your rights and grant you educational guardianship.
The mother may face difficulty in completing the academic procedures related to the child in custody related to his transferor enabling him to study if she is not able to obtain a ruling for the educational guardianship, and here the importance of the Kuwaiti custody attorney in educational guardian case arises, as by accepting the case the incubator will be able to sign any procedures or documents related to the child’s educational interest, including the right to extract all the children’s official documents and the right to use them legally before the relevant authorities.
In conclusion, in this article presented on the Integrated Legal Group (ILG) website, we touched upon the guardianship over the person and the guardianship over the estate and the conditions thereof and explained the case for revoking the guardianship and the educational guardianship and other related matters. Eventually, it becomes clear the necessity of hiring an expert in educational guardianship cases to represent the affected persons before the Personal Status Court, as well as to obtain the best educational guardianship judgment at the discretion of the judge.
