Abu Dhabi Mother Fined Dh80,000 for Leaving Child with Nanny Despite Father's Availability
An Abu Dhabi mother was fined Dh80,000 for leaving her daughter with a nanny for eight days while the father was available to care for her.
An Abu Dhabi mother has been ordered to pay a fine of Dh80,000 after leaving her young daughter in the care of a nanny for eight days during her travel abroad, despite the child's father being available and willing to look after her.
The Abu Dhabi Civil Family Court ruled that the mother’s decision violated the joint custody agreement and endangered the child's safety. The mother appealed the ruling, but the Court of Appeal upheld the original decision, making it final.
The child, a minor daughter of divorced parents sharing joint custody, was left with a nanny during the mother’s absence. The father informed the court that he was ready and available to care for the child throughout this period.
The court also noted that during the eight days, the child stayed in the same room as an unrelated adult male. Additionally, the child was scratched by a cat and required rabies vaccination treatment, an incident the mother did not dispute.
The court clarified that using a nanny alone does not constitute neglect. Instead, the focus was on whether the mother complied with joint custody rights and adequately protected the child’s safety.
Under Abu Dhabi's civil family law, joint custody grants both parents equal rights and responsibilities. Article 40 of Resolution No. 8 of 2022 allows courts to impose fines when a parent violates joint custody arrangements or judicial orders. The court has discretion over the fine amount and calculation method.
In this case, the court determined the mother should have entrusted the child to the father rather than leaving her with hired help. The fine was calculated at Dh10,000 for each day of the mother’s absence, totaling Dh80,000.
The ruling does not establish a fixed period after which leaving a child with a nanny becomes unlawful. Instead, the court assessed the specific circumstances before it. The daily fine was a remedy particular to this case, not a statutory rate.
The judgment also outlines future expectations: if the mother travels while the father is in the UAE, the child must be handed to him rather than a nanny. Traveling abroad with the child requires the father's consent or court permission. The court further ordered that the child should not be left without at least one parent’s care.
The court warned that if the conduct is repeated, the fine will double. The joint custody arrangement itself remains unchanged.
Legal advocate Byron James, Partner at Expatriate Law, emphasized that this case should not be seen as a general ban on parents using nannies or household staff. He noted the key issue was the mother leaving the jurisdiction for eight days while the father was available to care for the child.
For separated or divorced parents, the ruling underscores the importance of considering the co-parent first when arranging childcare during travel and obtaining necessary consent or judicial approval before traveling abroad with a child.