Hello, I am non Kuwaiti, married to Kuwaiti. My...

Kindly note that the issue of custody is regulated by the Kuwaiti Personal Status Law

And that in the event of marriage, custody of the children belongs to the parents together.

However, in the event of a rift between the spouses and a temporary separation without a divorce lawsuit, and that the children are at their father and the mother would like to see them, then the visitation lawsuit should be filed and only before the courts.

This is on the one hand, and on the other hand, in the event of divorce, the custody of the children belongs to their mother according to the provisions of Article 189 of the Personal Status Law, and the custody of the children continues to the age of puberty in relation to the son, and to the purpose of marriage in relation to the girl and this is according to Article 194 of the same law.
According to Article 189 of the KPSL, the mother has the most right to custody of her children in the event of divorce. After the mother the right passes in the first instance to the mother’s mother, followed by the maternal aunt, the mother’s maternal aunt, the mother’s paternal aunt, the paternal grandmother, the father, the sister, the paternal aunt, the father’s paternal aunt, the father’s maternal aunt, the daughter of the brother and the daughter of the sister. If there are two persons with equal rights to custody of a child a judge has the power to decide who is most suitable for the role of custodian.

Finally, with regard to the courts, it was decided to reopen them and proceed to the sessions, starting on May 31, 2020, according to the statement

When in your situation who  needs an urgent solution due to the children’s ages and the need to be with their mother, you have to ask the court via a lawyer for permission that requires the court to take action but this action needs that a general divorce file have to be registered into the same court that mean that the order may be taken in the main court where the main case is being considered,

The court may make a decision for an 'interim order'.

The order may be asked if there is a sense of urgency requiring court intervention.

A judge will then consider this .