Exh violating court order

[Rainbownelly1974]

Advice please, my exh is using our 14 dd as go between which he was told not to and agreed in court not to do so but she tells me when I'm having her and her sister (12 dd) and makes decisions, I have an injunction against him for DV but because the cps didn't prosecute it wasn't taken into consideration for the court case and Cafcass allowed the girls to live with him as they said he was more fun than me!! I'm meant to have them Friday-Monday every fortnight but he collects them Sunday night instead, I work every day including weekends to make ends meet due to exh running up debts in our name so don't get much time until Sunday evening and they've gone back!!! I'm heartbroken and can't afford legal charges

You can refuse to hand them over on Sunday night. But I'm afraid you will need to go back to court if you need the order enforced.

I would urge caution against returning to court unless you are sure that your girls will tell the court that they want exactly the same as you. At 12 & 14 they will have their wishes taken into account. So for example, if they say they want to be at there regular home in time for school on Monday morning. Then the family court is likely to grant this.

Whose choice is this ? The girls or his ?

As above their wishes are paramount. Work on your relationship with them and they may well want to stay with you more even if their Dad seems more fun.

Wishes are not paramount. Welfare is.

The 14 is acting as mother to her sibling on my ex's orders/consent and she's too scared of her sister to go against them both! I can't afford to take it back to court as I'm paying a debt of £26k my ex run up in our names but it's secured on the mortgage and if it goes into default I won't be able to buy him out of the house he knows this! He always said if I ever left him he'd take my kids away hence why I put up with him molesting but it stopped when I found out he'd molested my other daughter (his stepdaughter) 😢

At 14 if no issues are flagged up with school/SS they will listen to their wishes. It's very hard to force someone if that age to change who they live with. Presumably they d vote with their feet and spend all their time at their Dads anyway.

Sounds like there is a huge back story OP in what is a difficult situation.
Legal advice is your best route which you’ve said your not in a position to do at the moment.