Balancing childcare after separation can be challenging for any family, but when both parents work demanding and unpredictable shift patterns, reaching practical arrangements can become particularly complex. This case demonstrates how Tees supported a client when both parents were NHS professionals, creating a child-focused arrangement that provided stability for their young children while allowing both parents to continue their careers.
For context
The challenges of child arrangements for NHS parents
Our client, *Kelly, separated from her husband, *Mark. They had two young children aged three years old and 18 months at the time of separation.
Both Kelly and Mark worked within the NHS, with Kelly shortly due to qualify as a GP and Mark working as a consultant. Due to the nature of their professions, both worked long hours, including evening commitments, weekends, on-call duties and changing shift patterns. Prior to separation, childcare responsibilities had been shared flexibly around their respective rotas, alongside nursery.
Following the separation, difficulties arose regarding how care arrangements for the children would work in practice. Both parents wanted to remain actively involved in the children’s lives, but a rigid arrangement would be unrealistic given the unpredictability of NHS schedules.
Kelly instructed Clare Pilsworth, a Partner in Tees’ Family team, to assist her in negotiating practical and sustainable childcare arrangements that prioritised the children’s welfare while recognising the realities of both parties’ working commitments.
What happened next
Taking a child-focused approach to co-parenting
From the outset, Clare advised Kelly that the focus in any children matter under English family law is always the welfare of the child. Rather than approaching matters as a dispute or competing parental rights, Clare encouraged a constructive and child-centred approach aimed at maintaining stability and reducing conflict.
One of the primary challenges was that both parties’ did not work standard “9-5” predictable jobs. This made it difficult to establish a traditional fixed schedule for the children.
Clare worked closely with Kelly to review:
- both parties’ working patterns and on-call commitments;
- the children’s nursery routine;
- available family support;
- handover arrangements; and
- the practical realities of managing childcare around shift work.
Using mediation to avoid court proceedings
Kelly and Mark were committed to resolving matters amicably and Clare was able to guide Kelly through the options available to her. In order to avoid contested court proceedings, the parties agreed to attend mediation. Through the mediation process, supported by Clare’s advice throughout, the parties were able to have constructive discussions regarding the practical realities of co-parenting alongside demanding NHS careers.
Clare advised Kelly that initially looking at a four-weekly plan so she can see how child arrangements are going to work for the foreseeable future would be beneficial. Following this, the mediation process proved successful and enabled the parties to reach agreement without the need for court intervention.
Creating flexible child arrangements around NHS shift patterns
The final agreement included:
- a flexible arrangement built around both parents NHS working schedules;
- holiday and special occasion arrangements; and
- mechanisms for reviewing arrangements as the children grew older and started school, ensuring the arrangements remained suitable for the children and practical for both parents.
Importantly, the agreement enabled the children to maintain strong and meaningful relationships with both parents while also providing the structure and predictability they needed at a young age.
Why Tees made a difference
- Child-focused advice: Ensuring all discussions remained centred on the children’s welfare, stability and emotional needs
- Practical understanding of NHS working patterns: Recognising the realities of shift work, on-call commitments and changing rotas
- Constructive resolution approach: Supporting Kelly through mediation to help avoid unnecessary and costly court proceedings
- Flexible problem-solving: Developing practical arrangements tailored to the family’s specific working circumstances
- Future-focused planning: Building in flexibility and review mechanisms as the children’s needs evolved over time
- Clear and workable agreements: Helping minimise future conflict through detailed arrangements around communication, handovers and scheduling
- Balanced and realistic advice: Supporting Kelly in protecting her relationship with the children while promoting positive co-parenting arrangements
Giving you the full picture
Supporting separated parents working irregular hours
For separated parents working shifts or irregular hours, agreeing childcare arrangements can feel particularly difficult. However, with the right legal support and a practical approach, it is often possible to reach constructive agreements that work for both parents and support the children’s long-term wellbeing.
Mediation and other forms of non-court dispute resolution can be especially effective in cases involving young children and demanding professional commitments, helping parents maintain control over arrangements rather than leaving decisions to the court.
At Tees, our specialist Family team provides clear, practical advice tailored to the realities of modern family life and working patterns.
Contact Tees today to discuss childcare arrangements, co-parenting after separation and the options available to help your family move forward positively.
*Names have been changed to protect the privacy of those involved.
