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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:
Gilbertwasawuss · 20/08/2024 05:20

Please record every phone call and screenshot every text.

You need to quickly get a lawyer and get agreements in place so he cannot breach them and you have grounds to call the police if he does.

Her having additional needs concerns me as he was abusive towards you. Does she have the ability to communicate if he was cruel (or worse) to her?

If she doesn't, then you really need to push for supervised visits.

Oblomov24 · 20/08/2024 05:22

You should phone the police. And start legal proceedings. You may need legal advice. But there are many organisations out there that offer free advice. Eg help with filling out the C100 court online form. cost £255.

abs12 · 20/08/2024 05:29

Despite what some are saying, she was taken. By your cousin?!?! You did not give consent. He cannot have your daughter without the courts involvement. So this is illegal.

Firstly, never be around your cousin again. This is the utmost family betrayal. Secondly, now, go to police and find a lawyer and get advice from both. Then you can act but only act within the constraints of the law or it will come back to bite you. Remember, he cannot take her anywhere without your consent and he cannot keep her despite his ridiculous threats. Be logical, smart, and calm. You have the position of power and if he carries on like this he will never see her, the courts will not allow it... Tell your f'wit of a cousin to remind him of that.

Good luck and make sure you have a team of support behind you ❤️

Luna42 · 20/08/2024 05:55

The police may help as you do have a restraining order which says contact should be arranged through the courts. Worth a try. Show them the order.
But you also need advice asap from a family law solicitor. You can find a local one here. www.flows.org.uk/local-services. They can apply to the court for an emergency order to get her returned. Ask if you qualify for legal aid.
Also call Womens Aid and find your local DV service as this is an extension of the abuse against you. They should be able to support you with next steps.
Make it clear to your family and anyone who says you are keeping her from him that contact must be safe and consistent, and you are not refusing contact but must seek expert advice on how to do this. This must also be explained to your daughter in a way that's appropriate for her needs.
Good luck OP, he is textbook abuser, I don't think for a second this is about wanting to see his daughter, it's about control over you.

HaudYerWheeshtYaWeeBellend · 20/08/2024 05:57

How are you communicating with him OP?

id try and get everything in text/email.

Hopefully she gets returned to you today, when she is back in your custody id then call the police and report your cousin for taking your child without consent and also for her father breaking the court order.

then id get a shit hot lawyer.

PeriIsKickingMyButt · 20/08/2024 06:02

abs12 · 20/08/2024 05:29

Despite what some are saying, she was taken. By your cousin?!?! You did not give consent. He cannot have your daughter without the courts involvement. So this is illegal.

Firstly, never be around your cousin again. This is the utmost family betrayal. Secondly, now, go to police and find a lawyer and get advice from both. Then you can act but only act within the constraints of the law or it will come back to bite you. Remember, he cannot take her anywhere without your consent and he cannot keep her despite his ridiculous threats. Be logical, smart, and calm. You have the position of power and if he carries on like this he will never see her, the courts will not allow it... Tell your f'wit of a cousin to remind him of that.

Good luck and make sure you have a team of support behind you ❤️

Edited

It's really not illegal for her to be there. The court order specifies how contact may take place but that doesn't make it illegal for her to go and see him under her own steam at the age of 13. He has PR and there is no order preventing him from seeing her. This isn't a criminal offence. Breaching the restraining order is, but it's unlikely the police would view it that way given her age and that she went willingly.

Zanatdy · 20/08/2024 06:03

I agree to his demands re regular contract to get her back, then head straight to see a solicitor. If your daughter wants contact then maybe you need something in place. His behaviour is completely unhinged, I’d focus on getting your daughter back so if that means agreeing to half then holidays just do it, then make an urgent application to the courts

butterbeansauce · 20/08/2024 06:19

I would be absolutely raging with your cousin. How was he in your family home in any case or were you staying with your aunt/uncle?

I think I'd have to break ties with him going forward. It's such a betrayal. It does sound like a court order would be the best way forward but you could probably speak to the police for some advice of your rights.

izzygirlis4 · 20/08/2024 06:23

You need to complete an emergency application at court.
Do a short statement about what has happened and a c100 application.
Send into court and ask for emergency hearing.
Are you on low income - if you are then you will get legal aid.

Picoloangel · 20/08/2024 06:34

If you have a non molestation in place you’ll likely qualify for legal aid. You’ll need to make an emergency application to the Court (County/Family) on a C100. A Courg will deal with this very urgently.

As an aside your cousin is despicable, I wouldn’t have anything further to do with him.

TeachesOfPeaches · 20/08/2024 06:40

You need an emergency court order OP

CowTown · 20/08/2024 06:51

He facilitated her abduction a week ago and you haven’t reported this to the police because he threatened to never return her? And she’s missed dr appts because she’s been abducted? WTF. Time to act (6 days ago).

PeriIsKickingMyButt · 20/08/2024 07:15

CowTown · 20/08/2024 06:51

He facilitated her abduction a week ago and you haven’t reported this to the police because he threatened to never return her? And she’s missed dr appts because she’s been abducted? WTF. Time to act (6 days ago).

Legally she hasn't been abducted. Reporting him to the police now would probably result in them visiting her and if she said she was happy to be there and appeared safe and well they would leave her there. He would then be antagonised and who knows what he would do.

JLou08 · 20/08/2024 07:24

You need to log it with the police and get an urgent family court hearing. Do not waste any time because it will go against you in the family court. His argument would be you weren't that concerned or you would have done something sooner. You need legal advice and some women can get this for free via women's aid, this man has been stalking you and is being abusive so I think you may be elligibe. Call Womens Aid ASAP to try and get some legal support to make an urgent application to the family court.

MSLRT · 20/08/2024 07:53

For Goodness sake call the police. Do you want to see your child again? Don’t let him threaten you. And as for your knob of a cousin. Do not see him again. Ever.

PeriIsKickingMyButt · 20/08/2024 07:54

MSLRT · 20/08/2024 07:53

For Goodness sake call the police. Do you want to see your child again? Don’t let him threaten you. And as for your knob of a cousin. Do not see him again. Ever.

What do you actually expect the police to do?

holju · 20/08/2024 07:58

Reading a lot between the lines here but are there some cultural issues involved, i.e. a culture where males have high status within the family? If so it may be best to seek support from a women's aid group that specifically helps women from your culture.

30not13 · 20/08/2024 08:01

What exactly have you done to address this in the 6 days since it happened??

Buttons0522 · 20/08/2024 08:10

Maybe I’m reading too much into this I’d be concerned about a ‘father’ who reappears taking interest at 13 years of age, spending days shut away in his room with a vulnerable young girl. Some professional help working with your daughter when she’s home could be wise.

Mintypig · 20/08/2024 08:13

Please call the police immediately. You have a court order saying supervised contact only, why are you not acting with this? Please call the the police.

Mintypig · 20/08/2024 08:14

PeriIsKickingMyButt · 20/08/2024 07:54

What do you actually expect the police to do?

She has a court order to say social care or the courts have to arrange contact so the police will bring her home.

I used to work in family court - ring the police now.

Edingril · 20/08/2024 08:15

PeriIsKickingMyButt · 20/08/2024 07:54

What do you actually expect the police to do?

I do wonder lf 999 has an option 'press 2 because people on MN said call the police because that is the answer to everything'

MrsElijahMikaelson1 · 20/08/2024 08:19

Call the police. Your daughter is vulnerable due to her extra needs

Wishitsnows · 20/08/2024 08:22

You really should call the police as he has made threats to never return her. Also her medical appointments are being missed so you need proof that you have tried to get her returned. Show the police the messages received as at the very least they must do a welfare check. Get an emergency court order started first thing this morning and speak to womens aid. Your cousin is a disgusting person who you should never speak to again. You have an order stating the court or social services only can arrange contact so the police can act.

outdamnedspots · 20/08/2024 08:22

Unicorn34 · 20/08/2024 01:59

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

This. Tell them about the restraining order and that he is constantly breaching it.

Your cousin is a cunt too.

I'm so sorry you're having to deal with this.

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