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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Please help me. Father refusing to bring daughter home

289 replies

seethesunflowers · 20/08/2024 01:48

Hello everyone,

I have NC to protect my identity.

I know it is too early to post at this time. But I haven't been sleeping nor eating for a couple of days. My abusive ex is making excuses not to return our daughter back home and I don't know what to do.

To begin. I have a daughter who is 13 and has additionally needs. I have been the primary carer for my daughter since she's been born whilst her father was in and out of her life and due to the abuse, was encouraged to see our daughter through supervised contact but he refused.

Two years ago, he reappeared and requested to be involved in our daughter's life. But has caused nothing but trouble. He proclaims that he wants to see his daughter but I feel this is more about him reclaiming his control. So many episodes have happened (he has an indefinite restraining order in place). He has been stalking me, been outside our flat on numerous occasions, came to my daughter school to attempt to take her and sundew had a big scuffle with the teachers who stopped him, One day my daughter saw him on the way to school and she went out with him and by the time I found out, he then began to refuse to bring her back, we rang the police, we were searching up and down past 1am until my mother convinced him to bring her back. He proclaimed that he wanted to see his daughter and I was refusing and wanted us to sort out the matter. I did not. I was hoping he would soon begin to lose interest but I wished I took this as a sign to take this to court. As you can see, he has been breaching the restraining order over and over again.

Fast forward to last week, my daughter and I have been staying at my family's house during the summer break as we are renovating our flat. My cousin and my ex get along very very well and in the past, when my daughter will spend weekends at my family's house, my ex will contact my cousin to get through to my daughter and they will have telephone conversations. I didn't think this was weird and was slightly relieved so didn't take an issue with this. But then my ex would give my cousin stuff to give to my daughter that he bought for her- but I was unaware, to the point that my cousin would refuse to tell me what the dad got for my daughter as he would say "it is his business and he told me not to tell you".

Anyway, back to last week. So we have been staying at my family's house yada yada. My daughter went to see my cousin to ask him about something, whilst I was downstairs pottering around. Then all of a sudden, I just heard a bang- like a door has been shut and footsteps hurrying out. I immediately went to look out of the door, but saw nothing, I then went to look out of the window to see who went out of the house, nothing, I then went upstairs to check on my daughter, but despite calling her name, she was not answering and I couldn't see my cousin. I immediately called my cousin but he was not picking up my calls. Then, I just knew that my cousin took my daughter to her father's house. I called my sister, my ex's family, and they confirmed that they were able to get through to the dad and my cousin and confirmed that my daughter was at their father's.

I have called my ex on numerous occasions to bring my daughter home. But he is refusing. He says that this is all "my fault" and that I should have made an agreement to allow him to see her and that he would only return her if an agreement was put in place or he would keep a hold of her and wait for the court to ask him to return her back. My family have been pleading with him to return our daughter back and he would then make promises that he will return her on such and such day, but makes an excuse not to bring her. He is asking to see his daughter, unsupervised, one day a week during term day and to have her for half of the holidays. But I have told him that due to his unpredictable behaviour and the fact we can't co parent and that he doesn't know my daughter very well. We need to take it step by step and have something in writing. But he is refusing.

I have had to cancel all my daughter's doctor's appointments because she is not back. I have spoken to her on the phone and she seems okay. But she doesn't know where she is and would not tell me as her father tells her not to say anything. Her father has now agreed to give her back tomorrow as she has an appointment then but now he is asking for proof of this as he has enjoyed spending time with her and does not want her to come back. Now I am up worried that this will be another excuse not to bring her home.

What do I do? I know she is 13- soon to be 14 and that she is a teen and wants to see her father and can technically just go and see her father whenever she wants without my permission. But her father's behaviour is so unpredictable, where it compromises my safety. My cousin is ignoring my calls and is refusing to tell me the father's address. I am just distraught. I have brought her up as a single parent for the past 13 years. We have a holiday booked but I don't know if I have to cancel that one. I am just broken and don't know what to do.

OP posts:
Unicorn34 · 20/08/2024 01:59

Please call the police. She is a child and needs to be with her responsible parent.

Schoolrefusa · 20/08/2024 02:03

I am so sorry you are dealing with this, it sounds simply awful and I really hope she's back tomorrow. I wish I had advice as this will need careful handling even from the point of view of what you say to your daughter so she doesn't feel even more confused by you saying different things to your ex.
(Does your daughter know about his restraining order and why it is important? I would think she is old enough to be told and to understand this).
What a nightmare that your cousin has been so unhelpful and it sounds good that your family has been trying to help. I hope someone replies with more wisdom than me on not only how you get her back fast but how to make sure this can't happen again . As other poster asked can the police help? I wonder what they said last time .

Allthegoodnamesaretaken92 · 20/08/2024 02:04

Unicorn34 · 20/08/2024 01:59

Please call the police. She is a child and needs to be with her responsible parent.

If he has PR the police cannot do anything unless there is a court order in place saying the child cannot be with him. It is not their job to decide who is the responsible parent.

o/p start with social services. A solicitor as well to get the ball rolling with regard to the above court order.

is he a danger to her? Is there anything, court order, that says she cannot be with him unsupervised?

if not then you need to go to court. Exactly the same as for any parent where the other isn’t allowing contact.

Beetrickspotter · 20/08/2024 02:04

phone the police. if he hass only been having supervised contact, they will go and bring her home

XChrome · 20/08/2024 02:06

OP, this is a parental kidnapping. It is a crime. Go to the police and have him charged and your daughter returned. Get a lawyer as well to remove his parental rights.

Allthegoodnamesaretaken92 · 20/08/2024 02:08

XChrome · 20/08/2024 02:06

OP, this is a parental kidnapping. It is a crime. Go to the police and have him charged and your daughter returned. Get a lawyer as well to remove his parental rights.

It is not a crime unless he is in breach of a court order.

if there is no order it is no different to a mum not allowing a dad to see his child. If a mum doesn’t allow contact we don’t get them charged with kidnapping.

the police can only enforce a court order. If there isn’t one then there is nothing to charge him with.

XChrome · 20/08/2024 02:10

Allthegoodnamesaretaken92 · 20/08/2024 02:08

It is not a crime unless he is in breach of a court order.

if there is no order it is no different to a mum not allowing a dad to see his child. If a mum doesn’t allow contact we don’t get them charged with kidnapping.

the police can only enforce a court order. If there isn’t one then there is nothing to charge him with.

Except he has forcibly abducted her. That was his mistake. She also has witnesses that he tried to do the same at her school.

Allthegoodnamesaretaken92 · 20/08/2024 02:13

XChrome · 20/08/2024 02:10

Except he has forcibly abducted her. That was his mistake. She also has witnesses that he tried to do the same at her school.

Where has he forcibly abducted her? The o/p didn’t say the child didn’t go with her cousin willingly. She has spoken to the child who appears fine.

seethesunflowers · 20/08/2024 02:14

Thank you for the replies. Really appreciate this considering that it is very early in the morning.

There is no court order in place (big mistake on my part). I was pushing him to get supervised contact as he only reappeared in DD's life two years ago and was still being emotionally abusive towards me. Mainly for my safety, I suggested supervised contact initially and then it can progress. He agreed to this with his lawyer at the time. But no court order is in place. He does have PR as he is on the birth certificate.

We have a restraining order that says child contact should be arranged by the courts or social services but I'm not sure if this would amount to much.

OP posts:
Edingril · 20/08/2024 02:15

Would people stop with the dramatic totally wrong advice

Op You need to seek legal advice not take misinformation from a forum

seethesunflowers · 20/08/2024 02:17

He has threatened to take my daughter away if I contact the police. He said he will block my number so I would never be able to reach her and I would not be able to find her.

OP posts:
PyongyangKipperbang · 20/08/2024 02:18

seethesunflowers · 20/08/2024 02:14

Thank you for the replies. Really appreciate this considering that it is very early in the morning.

There is no court order in place (big mistake on my part). I was pushing him to get supervised contact as he only reappeared in DD's life two years ago and was still being emotionally abusive towards me. Mainly for my safety, I suggested supervised contact initially and then it can progress. He agreed to this with his lawyer at the time. But no court order is in place. He does have PR as he is on the birth certificate.

We have a restraining order that says child contact should be arranged by the courts or social services but I'm not sure if this would amount to much.

There it is then.

The restraining order specifically says that contact should be arranged via court order or social services. He has broken the order. I would start with the police, contact social services aswell and keep at it like a dog with a bone.

ETA Does the order cover just you or both you and DD.

Alex Drake · 20/08/2024 02:23

Just agree to his wants for access at the moment, get your daughter back. Back off from your cousin! Then see a solicitor.

I'm guessing your daughter might like a relationship with her dad going forward so if the restraining order is for you and not her there's probably nothing you can do to stop them seeing each other, especially given that she's now older.

MrsTerryPratchett · 20/08/2024 02:29

seethesunflowers · 20/08/2024 02:17

He has threatened to take my daughter away if I contact the police. He said he will block my number so I would never be able to reach her and I would not be able to find her.

We have a restraining order that says child contact should be arranged by the courts or social services but I'm not sure if this would amount to much.

Talk to the police. They can talk to your cousin. Also talk to SS. If he's making her miss medical appointments, it's serious.

seethesunflowers · 20/08/2024 02:46

ETA Does the order cover just you or both you and DD

I'm not sure to be honest. The order just states that it is in place to protect me.The only thing in relation to DD is that child contact show be arranged by family court and social services.

OP posts:
Newjobneeded · 20/08/2024 02:47

Please contact the police. This is abuse and you and your daughter deserve so much more than this..please also cut all ties with your cousin as they are involving the kidnapping of your daughter! This should also be reported to the police they are deliberately helping with someone you have a restraining order against and has helped take your child.
You are strong and you sould like a great mother don't let an abusive ex and cousin stop you from reporting this x

PeriIsKickingMyButt · 20/08/2024 02:54

I don't think contacting the police is going to help you get her back right now. I think you need to try making an emergency application to the court first and take that route. Once you have her back you should report him to the police but they won't get her back if you report him first and he sounds dangerous and unpredictable.

PeriIsKickingMyButt · 20/08/2024 02:57

I've just read further up the thread. It's not kidnapping or forcible abduction. It might be considered a breach of the restraining order (but police almost certainly won't enforce that given the child's age and that he has PR). Social services can't help get her back. The correct course of action to try first is the court.

Inlaw · 20/08/2024 03:21

Last week?!

How many days are we talking?!

I would call the police. She’s been taken without your permission. You don’t know whether she’s ok. She’s saying she can’t tell you where she is. Is that unlike her? Is she scared? Would she run away like this purposefully? Is she able to come back if she wants to?

Inlaw · 20/08/2024 03:23

He has threatened to take my daughter away if I contact the police. He said he will block my number so I would never be able to reach her and I would not be able to find her.

And if that’s not kidnapping I have no idea what is.

Edingril · 20/08/2024 03:30

I don't what grounds the police can do anything?

seethesunflowers · 20/08/2024 03:33

Inlaw · 20/08/2024 03:21

Last week?!

How many days are we talking?!

I would call the police. She’s been taken without your permission. You don’t know whether she’s ok. She’s saying she can’t tell you where she is. Is that unlike her? Is she scared? Would she run away like this purposefully? Is she able to come back if she wants to?

It's been 6 days now.

She has additional needs and if she is not familiar with the area she will be not be able to tell me where she is. The only thing she has told me that she is mainly in her dad's room and they play on the play station all day. He sometimes leaves her own but she would not dream of escaping.

OP posts:
Floppyelf · 20/08/2024 03:50

You need a court order and a decent solicitor. That’s your only solution. We don’t have a magic solution… when it comes to animals like your ex you need to be detailed and keep at it like a dog with a bone. Enlighten your daughter about how her dad is a bad man. Its oartially your fault for keeping up rosy image of him.

Natsku · 20/08/2024 04:03

seethesunflowers · 20/08/2024 02:17

He has threatened to take my daughter away if I contact the police. He said he will block my number so I would never be able to reach her and I would not be able to find her.

Did he say this over the phone or in a message? If its in a message, then I would definitely contact the police and show them the message. If it was over the phone then that's a bit more tricky as there's no proof but I'd still tell them what he said and how concerned you are.

Justsayit123 · 20/08/2024 05:09

Call the police ffs

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