Mother Fined After Leaving Child With Nanny While Travelling Abroad

An Abu Dhabi mother has been ordered to pay Dh80,000 after leaving her young daughter with a nanny for eight days while travelling abroad, despite the child’s father being available and willing to care for her.

 

The Abu Dhabi Civil Family Court found that the mother’s decision was inconsistent with the parents’ joint-custody arrangements and placed the child’s welfare at risk. The mother challenged the ruling, but the Court of Appeal rejected her appeal and upheld the Dh80,000 fine.

 

The judgment does not amount to a general prohibition on parents leaving children with nannies or other household staff. Instead, the courts examined the particular circumstances of the case, including the fact that the child’s father was available to assume responsibility while the mother was overseas.

 

The case involved the daughter of divorced parents who shared joint custody. When the mother travelled abroad, she left the child in the care of a nanny rather than with her father, who remained in the UAE and had offered to look after her.

 

The court also considered the circumstances in which the child was left during the mother’s absence. It found that she had been staying in the same room as an unrelated adult man.

 

During the eight-day period, the child was scratched by a cat and subsequently had to begin a course of rabies vaccinations. The mother did not dispute that the incident had occurred.

 

Court Examines Joint-Custody Responsibilities

 

The court’s decision was not based simply on the fact that the child had been left with a nanny. Instead, it considered whether the mother had respected the father’s rights and responsibilities under the joint-custody arrangement and whether adequate arrangements had been made for the child’s care and safety.

 

Under Abu Dhabi’s civil family framework, joint custody gives both parents rights and responsibilities in relation to their child. Article 40 of Resolution No. 8 of 2022 permits the court to impose financial fines where a parent fails to comply with joint-custody arrangements or with an order or measure issued by a judge.

 

The legislation does not prescribe a fixed daily amount for such a fine. The court has discretion to determine the appropriate amount and the manner in which it should be calculated, depending on the circumstances of the case.

 

In this instance, the court concluded that the mother should have entrusted the child to her father during her absence rather than leaving her with hired childcare.

 

It therefore calculated the fine at Dh10,000 for each of the eight days that the mother was away, resulting in a total penalty of Dh80,000.

 

No Eight-Day Rule for Parents

 

The judgment does not establish a legal rule that a child cannot be left with a nanny for eight days, nor does it create a statutory threshold beyond which such an arrangement automatically becomes unlawful.

 

The Dh10,000-per-day figure was the financial remedy imposed by the court in this particular case. It should not be interpreted as a prescribed daily penalty applicable to every parent who leaves a child in another person’s care.

 

The court’s reasoning was instead centred on the circumstances surrounding the mother’s absence and the existence of an available co-parent who was prepared to take responsibility for the child.

 

The ruling sets out expectations for future arrangements involving the parents. If the mother travels while the father remains in the UAE, the child is to be placed in his care rather than left with hired help.

 

The court further ruled that if the mother intends to travel abroad with the child, she must obtain the father’s consent or secure judicial permission. The child must not be left without the care of at least one parent.

 

The court also warned that the financial penalty would be doubled if the conduct were repeated.

 

Importantly, the mother did not lose joint custody as a result of the proceedings. The existing custody arrangement remained in place.

 

Appeal Rejected

 

The original decision was issued by the Abu Dhabi Civil Family Court and was subsequently challenged by the mother before the Court of Appeal.

 

The appellate court rejected the challenge in full, leaving the Dh80,000 penalty intact and making the decision final.

 

The case highlights the importance of considering existing custody arrangements when separated or divorced parents make decisions about childcare, particularly when one parent intends to travel.

 

It also demonstrates that the courts may look beyond the formal childcare arrangement itself and consider the wider circumstances, including the availability of the other parent and the safety and welfare of the child.

 

Implications for Divorced and Separated Parents

 

For separated or divorced parents, the judgment provides a practical reminder to consider the co-parent when making childcare arrangements during periods of travel.

 

Parents should also ensure that any existing custody orders are followed and obtain the necessary consent or judicial permission before travelling abroad with a child where such approval is required.

 

The ruling ultimately reinforces the principle that joint custody involves continuing responsibilities for both parents. Where one parent is unavailable, the arrangements may need to be considered differently, but where the other parent is present and willing to care for the child, the court may expect that parent to be given the opportunity to exercise those responsibilities.

 

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