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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:
InkyPinkyPonky24 · 22/08/2024 17:55

PeriIsKickingMyButt · 22/08/2024 17:47

Similar to how Police need a warrant to do a house search? Once OP has that piece of paper it becomes a criminal matter if the child isn't returned.

no, it's still a civil matter.

It's wrong to say this isn't a police matter period - it just needs to go before a judge to make it one.

no. It would only become a police matter if the father had breached the order so many times that power of arrest was attached. This is unusual.

I forgot to mention power of arrest attached to the order but I agree, this is rare and usually reserved for extreme cases.

HamHook · 22/08/2024 18:08

InkyPinkyPonky24 · 22/08/2024 17:55

I forgot to mention power of arrest attached to the order but I agree, this is rare and usually reserved for extreme cases.

How does this not meet the requirement of an extreme case?

InkyPinkyPonky24 · 22/08/2024 18:11

@HamHook If the father repeatedly withheld the child from the mother then they would look into possibly attaching a power of arrest but they would be unlikely to with it being the first time.

HamHook · 22/08/2024 19:28

InkyPinkyPonky24 · 22/08/2024 18:11

@HamHook If the father repeatedly withheld the child from the mother then they would look into possibly attaching a power of arrest but they would be unlikely to with it being the first time.

So they wouldn't consider the SS recommendation, the previous 4 domestic abuse convictions, the 3 restraining orders (where he's still on probation for breaching), they wouldn't consider the violence demonstrated outside the school, and the CAHMS report. And the fact the father has had very little input in the child's life.

None of that is enough trigger a power of arrest.

What kind of country do we live in......??

You're working in this area and you're so matter of fact about it all - institutionalised by it all I guess.

It's horrendous - absolutely horrendous.

SparklyJadeFawn · 22/08/2024 19:49

HamHook · 22/08/2024 19:28

So they wouldn't consider the SS recommendation, the previous 4 domestic abuse convictions, the 3 restraining orders (where he's still on probation for breaching), they wouldn't consider the violence demonstrated outside the school, and the CAHMS report. And the fact the father has had very little input in the child's life.

None of that is enough trigger a power of arrest.

What kind of country do we live in......??

You're working in this area and you're so matter of fact about it all - institutionalised by it all I guess.

It's horrendous - absolutely horrendous.

I thought she said that the father just tried to pick up his child from school. And the school wouldn't let him? Where does it say that there was violence outside the school?

InkyPinkyPonky24 · 22/08/2024 19:53

@HamHook I completely agree with you, the system is horrendous and not fit for purpose. I don't mean to be matter of a fact, it's just how I write when it comes to legal topics but i feel awful for the OP in this situation, I can't even imagine what she is feeling. I just hope she managed to raise the money to start the court process.

HamHook · 22/08/2024 20:05

SparklyJadeFawn · 22/08/2024 19:49

I thought she said that the father just tried to pick up his child from school. And the school wouldn't let him? Where does it say that there was violence outside the school?

Well that's what I take to mean by big scuffle - what do you think it means? It means a physical but short altercation, doesn't it?

HamHook · 22/08/2024 20:13

InkyPinkyPonky24 · 22/08/2024 19:53

@HamHook I completely agree with you, the system is horrendous and not fit for purpose. I don't mean to be matter of a fact, it's just how I write when it comes to legal topics but i feel awful for the OP in this situation, I can't even imagine what she is feeling. I just hope she managed to raise the money to start the court process.

I'm sure we are (quite rightly) way at the bottom of OP's priority list - but I do hope she comes back to update. I'm hoping the reason she hasn't is because her daughter is home and again, quite rightly, all her focus is there.

It's one of those things where I just keep thinking- surely this cannot be happening.

DaringlyDizzy · 23/08/2024 10:22

Any news?

Gingerkittykat · 23/08/2024 20:57

@seethesunflowers Is there any progress in getting your DD back yet?

AmIEnough · 24/08/2024 07:39

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.

This is very sensible advice. This is absolutely what you should do. I really feel for you, what an awful situation!

AmberAlert86 · 24/08/2024 07:48

@seethesunflowers did you get your daughter back?

MustWeDoThis · 24/08/2024 12:03

seethesunflowers · 21/08/2024 12:50

Hello everyone,

I am currently in court waiting to be seen but I have been told that my application will not go through unless I pay the application court fee. I've applied for the 'Help with costs' last night but I have just been told this morning that I am not eligible. What can I do if I'm not able to pay for the court fee at this present!

If you recieve UC - Ask for an advance/budgeting loan. Hopefully they will give you one if you explain your situation. Speak with CAB and ask what funding you can also receive.

Your cousin needs to be reported to the police as an accomplice in breaking the restraining order and he now also needs a restraining order to stay away from you and your daughter.

Imbusytodaysorry · 25/08/2024 10:07

OP do you have an update ??

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