Published on 7 May 2026 by the Emirates Association of Lawyers and Legal, Joint Custody and Child Maintenance presents Sr. Adv. Mukhtar Gharib’s analysis of shared parental responsibility, the best interests of the child and the allocation of child-maintenance obligations.

Joint custody and the child’s best interests

The article argues that custody should be approached through the welfare of the child rather than through a rigid assumption that one parent must always exercise custody to the exclusion of the other.

It discusses joint custody as a flexible concept. Depending on the circumstances, time and responsibility do not need to be divided equally; the appropriate arrangement should reflect the child’s needs and the ability of each parent to care for the child.

Custody and guardianship as connected responsibilities

The article examines the traditional distinction between custody and guardianship and argues that, in practice, many parental responsibilities overlap. Education, healthcare, moral upbringing, daily care and long-term decision-making all require continuing parental involvement.

Following separation, the article calls for legal arrangements that continue to recognise the responsibilities of both parents where this is consistent with the child’s welfare.

Child maintenance

The publication also considers whether child-maintenance obligations should, in appropriate circumstances, reflect the financial position of both working parents rather than operate solely through a fixed assumption about one parent’s responsibility.

The analysis is presented as a proposal for continued discussion and legislative development within the UAE personal-status framework.