Joint custody is often understood in terms of rights.
Both parents have a right to participate in their child’s upbringing, spend time with the child and take part in important decisions.
A recent Abu Dhabi judgment highlights the other side of that arrangement: joint custody also creates responsibilities towards the other parent and the child.
The Abu Dhabi Civil Family Court fined a mother AED 80,000 after she travelled abroad for eight days and left her very young daughter in the care of a nanny, despite the child’s father being in the UAE and available to care for her.
The mother appealed, but the Court of Appeal rejected the challenge and upheld the fine.
Importantly, the ruling does not establish that parents are prohibited from leaving their children with nannies.
The issue was the particular combination of an extended parental absence, an available co-parent who was bypassed, the existing joint-custody arrangement and concerns surrounding the child’s welfare during that period.
The decision provides an important illustration of how joint custody can operate in practice under Abu Dhabi’s civil family framework.
What Happened in the Case?
The parents were divorced and shared joint custody of their young daughter.
When the mother travelled outside the UAE for eight days, the child remained in the care of a nanny.
The father argued that he had been available throughout the mother’s absence and was willing to look after his daughter.
The Court also considered circumstances concerning the child’s safety while the mother was abroad. According to the reported judgment, the child was staying in a room with an unrelated adult man and was scratched by a cat during the period, resulting in the commencement of a rabies vaccination protocol.
The Court did not conclude that employing or relying upon a nanny was inherently improper.
Rather, it found that in the circumstances the mother should have placed the child in the care of the father, who was an available joint custodian, instead of leaving the child entirely in third-party care during her absence.
A fine of AED 10,000 was imposed for each of the eight days, producing a total penalty of AED 80,000.
The Court of Appeal subsequently upheld the decision.
Joint Custody Is Not Simply an Equal Division of Time
Abu Dhabi’s civil family system adopts joint custody as an important feature of post-divorce parenting arrangements.
Joint custody recognises both parents as having continuing rights and responsibilities towards their children.
It should not, however, be reduced to a mathematical division of days or weekends.
The underlying concept is broader.
Both parents remain responsible for the child’s welfare, and each is expected to respect the continuing parental role of the other.
This can affect decisions concerning:
- where the child stays;
- education;
- healthcare;
- travel;
- daily care;
- significant changes to the child’s routine; and
- arrangements made when one parent is unavailable.
The recent judgment illustrates that a parent exercising custody cannot necessarily treat the other parent as irrelevant when making significant childcare arrangements.
Why the Nanny Was Not the Real Issue
The headline risk with this case is obvious.
It could easily be interpreted as meaning that leaving a child with a nanny is unlawful.
That is not what the Court decided.
Nannies and domestic caregivers play an ordinary and important role in many UAE households. The judgment did not impose a general prohibition on their use.
The relevant issue was that the mother left the jurisdiction for a substantial period while the child’s other joint custodian remained available to provide parental care.
There is an important distinction between using a nanny to assist a parent with childcare and substituting third-party care for an available co-parent throughout an extended absence.
The Court focused on the latter.
The Child’s Best Interests Remain Central
Custody disputes are not determined solely by what is most convenient for either parent.
The child’s best interests remain central.
Abu Dhabi Judicial Department guidance on civil family custody identifies factors such as the child’s physical and emotional needs, stability, potential danger and the ability of each parent to support the child’s relationship with the other parent.
That framework helps explain the significance of this judgment.
The Court was not simply deciding whether the mother had technically breached a timetable.
It was considering whether the childcare arrangement was compatible with the daughter’s welfare and with the responsibilities created by joint custody.
The fact that the father was available was therefore particularly relevant.
Can a Court Fine a Parent for Breaching Joint Custody?
Yes.
Under Abu Dhabi’s civil family framework, the Court has powers to respond where a parent fails to comply with joint-custody arrangements or with measures and orders issued by the judge.
In this case, the Court exercised that power by imposing a financial penalty.
The AED 80,000 figure should, however, be understood correctly.
It does not mean Abu Dhabi law establishes a standard AED 10,000 daily penalty whenever a parent leaves a child with somebody else.
The Court calculated the penalty at AED 10,000 for each of the eight days in the circumstances before it.
The amount and calculation reflected the particular case and the Court’s exercise of discretion.
Parents should therefore not treat AED 10,000 per day as a statutory tariff.
What Happens When One Parent Travels Without the Child?
For separated parents with joint custody, international travel can require more planning than it would within an intact household.
Where one parent intends to leave the UAE without the child for a meaningful period, the childcare arrangements should take account of the other parent’s custody rights.
That does not necessarily mean that every overnight absence requires the child to be physically handed to the other parent.
The circumstances matter.
But an extended absence may raise more substantial questions, particularly where the other parent:
- is in the UAE;
- is available;
- has joint custody;
- is willing to care for the child; and
- has not agreed to the proposed alternative arrangement.
The practical lesson from the judgment is that a joint custodian should consider the other parent before making long-term third-party childcare arrangements.
Travelling With the Child Is a Different Issue
There is also an important distinction between travelling without the child and travelling with the child.
The Court reportedly addressed both circumstances.
For future travel while the father remained in the UAE and available, the child was to be placed in his care rather than left with hired assistance.
If the mother wished instead to take the child abroad, she would require the father’s consent or permission from the Court.
These are different legal questions.
Leaving the UAE without the child concerns the arrangements made for the child’s care during the parent’s absence.
Taking the child outside the jurisdiction can raise additional issues concerning parental consent, custody rights and the possibility that the child may not be returned.
Parents should therefore avoid assuming that having custody automatically creates an unrestricted right to travel internationally with the child.
Can Parents Agree Different Arrangements?
In many cases, yes.
Joint custody is intended to enable parents to continue raising their children collaboratively after separation.
Where both parents agree that a child can remain with grandparents, relatives, a nanny or another caregiver during travel, there may be no dispute at all.
Problems become more likely when one parent makes a significant unilateral decision that affects the other parent’s custody rights.
Clear communication is therefore important.
Separated parents may benefit from agreeing in advance how situations such as the following will be handled:
- overseas business trips;
- holidays without the child;
- emergencies;
- overnight childcare;
- school holidays;
- extended family visits; and
- temporary changes in residence.
Where agreement is impossible, a court order may be preferable to unilateral action.
What If the Parents Have a Difficult Relationship?
Joint custody can become particularly challenging where relations between former spouses have deteriorated.
One parent may prefer a nanny, grandparent or friend to the other parent because communication is difficult or because past disputes have created mistrust.
But personal disagreement between adults does not necessarily remove the other parent’s legal status as joint custodian.
Unless the Court has restricted a parent’s custody rights because of safety or welfare concerns, both parents remain legally relevant.
A parent who believes that leaving the child with the other parent would create a genuine risk should seek appropriate judicial measures rather than simply bypassing the custody arrangement.
The child’s welfare remains the determining concern.
Could Repeated Breaches Lead to More Serious Consequences?
Potentially.
The Court reportedly warned that the financial penalty could be doubled if the conduct were repeated.
More broadly, persistent disregard of custody arrangements can become relevant to future family proceedings.
A court considering what arrangements best protect the child may examine whether each parent:
- complies with existing orders;
- respects the other parent’s relationship with the child;
- makes responsible childcare decisions;
- communicates appropriately; and
- prioritises the child’s interests over parental conflict.
One isolated disagreement does not necessarily alter custody.
A pattern of conduct may be treated differently.
What Separated Parents Should Take From the Ruling
The judgment offers several practical lessons.
Parents sharing custody should:
- review the precise terms of their custody arrangements;
- communicate before extended travel;
- consider whether the other parent is available before arranging prolonged third-party care;
- obtain consent where required;
- record important agreements in writing;
- avoid making unilateral decisions that significantly interfere with the other parent’s custody rights;
- prioritise the child’s safety and stability; and
- seek judicial guidance where agreement cannot be reached.
The objective should not be to treat custody arrangements as a technical contest between parents.
They exist to provide the child with stable and responsible care.
A Broader Development in Abu Dhabi Family Law
The ruling also reflects a broader feature of Abu Dhabi’s civil family system.
Joint custody is intended to preserve the meaningful role of both parents after divorce.
That means fathers and mothers are not simply granted parallel rights on paper. The Court can expect each parent to respect the other’s continuing role in the child’s life.
The recent judgment therefore sends a message beyond the particular facts.
A parent cannot necessarily rely on his or her own period of physical custody to exclude the other parent from significant childcare decisions.
Shared parental rights come with shared parental responsibilities.
Conclusion
The AED 80,000 judgment should not be interpreted as a ruling against nannies or ordinary third-party childcare.
Its significance lies elsewhere.
The mother travelled abroad for eight days while the child’s father, who shared joint custody, remained available and willing to care for their daughter. The Court concluded that leaving the child entirely in hired care in those circumstances was inconsistent with the joint-custody arrangement and the child’s welfare.
The Court of Appeal upheld that conclusion.
For separated parents, the wider lesson is important:
Joint custody does not simply give each parent rights over a child. It also requires each parent to recognise and respect the continuing parental role of the other.
Al Kabban & Associates
For businesses seeking guidance, Al Kabban & Associates, with over 30 years of experience in UAE law and recognition by Legal 500, stands ready to help corporations build resilience against legal risks while ensuring compliance with local and international standards. For more information or to schedule a consultation, contact us at +971 4 453 9090 or visit www.alkabban.com. You can also follow us on social media for more updates on everything law related in the UAE: @Alkabban_Law
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