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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:
Incakewetrust · 20/08/2024 11:37

Call the police and tell them that your cousin kidnapped your special needs child and took her to your ex's house who you have a restraining order against. You have no idea of what address she's at and you're worried for her safety.

CowTown · 20/08/2024 11:38

seethesunflowers · 20/08/2024 11:16

He is not bringing her back. He keeps going back on his word. I'm sick of this. I'm contacting the police.

Why am I not surprised by his change of heart?

InkyPinkyPonky24 · 20/08/2024 11:41

Yalta · 20/08/2024 09:43

Also tell the police that the cousin kidnapped your daughter (they took a minor from the resident parent without permission)

Unfortunately if the father gave permission for the cousin to do that, it's not abduction.

CowTown · 20/08/2024 11:41

seethesunflowers · 20/08/2024 11:34

My parents. My cousin lives with them too.

What have your parents said? Are they happy to continue to house your cousin when he took their granddaughter without your consent, she has been missing dr appointments, and the abusive father your cousin delivered her to is refusing to disclose her location / to return her / making threats if you phone the police?

Soontobe60 · 20/08/2024 11:41

Edingril · 20/08/2024 08:15

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'

She can call 999 and ask for a welfare check. This is a perfectly acceptable reason for contacting them.

PeriIsKickingMyButt · 20/08/2024 11:49

Soontobe60 · 20/08/2024 11:41

She can call 999 and ask for a welfare check. This is a perfectly acceptable reason for contacting them.

She can ask for one. They will probably do the given his history. However is that going to help the situation, given that he's dangerous and has threatened to remove her permanently if she calls the police? They almost certainly won't actually return her.

AnywhereAnyoneAnyTime · 20/08/2024 11:50

Incakewetrust · 20/08/2024 11:37

Call the police and tell them that your cousin kidnapped your special needs child and took her to your ex's house who you have a restraining order against. You have no idea of what address she's at and you're worried for her safety.

The cousin didn’t kidnap the child though, stop being so dramatic.

The cousin took the child to visit her father, who, as someone with PR, has just as much right to grant consent for as the mother.

The restraining order stipulates that he has to stay away from the OP there is nothing in place in terms of access to the daughter and as such regardless of his moral actions he hasn’t broken any law.

OP needs to speak to a solicitor. The police aren’t going to get involved because this is a civil matter. But the solicitor can advise in terms of going to court to get specific access in place.

Dartsplayer · 20/08/2024 11:51

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.

Definitely this. A C100 form into the Court today maked urgent (on the email and form). The Restraining Order part where child arrangements have to go through Court or SS should help you get her back. Also contact SS and inform them due to her missing medical appointments. Good luck

bluelavender · 20/08/2024 11:52

Given that the child has additional needs and has been away from her main caregiver for a number of days with promises to return her not met I think the police are the best option here. Wishing you the best of luck with it all OP and hope you are reunited soon

allthemiddlechildrenoftheworld · 20/08/2024 11:57

@seethesunflowers My parents. My cousin lives with them too. well hopefully, your parents will send your very disloyal, untrustworthy, cousin packing out of their house! their loyalty should be to their own family ie their daughter and their grandchild, not their nephew!!

PeriIsKickingMyButt · 20/08/2024 11:58

bluelavender · 20/08/2024 11:52

Given that the child has additional needs and has been away from her main caregiver for a number of days with promises to return her not met I think the police are the best option here. Wishing you the best of luck with it all OP and hope you are reunited soon

The police won't return her. She needs to make an emergency court application.

Incakewetrust · 20/08/2024 11:59

@AnywhereAnyoneAnyTime he literally did kidnap her though.
Taking her away to an unknown location without the primary parent's knowledge or consent and refusing to return her.
That is kidnap.

PeriIsKickingMyButt · 20/08/2024 12:00

Incakewetrust · 20/08/2024 11:59

@AnywhereAnyoneAnyTime he literally did kidnap her though.
Taking her away to an unknown location without the primary parent's knowledge or consent and refusing to return her.
That is kidnap.

It's not. When the person taking the child also has PR and there is no court order prohibiting contact then it's not kidnap.

provemewrongthen · 20/08/2024 12:01

Your cousin should be charged with kidnapping!

romdowa · 20/08/2024 12:01

Your cousin knows where she is, so I'd start there after informing the police.

InkyPinkyPonky24 · 20/08/2024 12:02

I've been through this process many times and I would suggest making a C100 application to the court for a Child Arrangements Order (for structured contact), a Specific Issue Order (for her to be returned to you) and a Prohibited Steps Order (to prevent him removing her from school or your care - that will also include him getting anyone else to do it). Also tick the box for a without notice urgent hearing, explaining your reasons why you need it urgently and why he shouldn't be informed of the hearing (likely to antagonise).

Also complete the C1A form which details what risks she is at. If you have any SS reports or letters, attach that to the C1A. State that you want a hearing within 48 hours due to her health needs not being met (missing appointments).

You can do all this online. There is a fee but if you are on benefits or a low income, you can submit a EX360 Help With Fees form so you don't have to pay or pay a reduced fee.

To apply online: www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

InkyPinkyPonky24 · 20/08/2024 12:04

Incakewetrust · 20/08/2024 11:59

@AnywhereAnyoneAnyTime he literally did kidnap her though.
Taking her away to an unknown location without the primary parent's knowledge or consent and refusing to return her.
That is kidnap.

It would be great if it was but since the father has PR and there are no court orders preventing his contact, he can give permission for someone else to collect his daughter. It's not kidnap/abduction. That's providing the father gave permission.

Edingril · 20/08/2024 12:05

Incakewetrust · 20/08/2024 11:59

@AnywhereAnyoneAnyTime he literally did kidnap her though.
Taking her away to an unknown location without the primary parent's knowledge or consent and refusing to return her.
That is kidnap.

Do you honestly know what you are talking about? Really?

allthemiddlechildrenoftheworld · 20/08/2024 12:06

@seethesunflowers what kind of hold does your ex have over your cousin or is your cousin always so gullible??

ThePoshUns · 20/08/2024 12:07

If you both have PR the police cannot get involved unless there is a risk your child will come to serious harm at her father's address.
You could request police conduct a welfare check on her.
You need to consult with a family law accredited solicitor ASAP.

ThePoshUns · 20/08/2024 12:08

As for some of the comments on here, you are talking out of your arse.

InkyPinkyPonky24 · 20/08/2024 12:10

ThePoshUns · 20/08/2024 12:07

If you both have PR the police cannot get involved unless there is a risk your child will come to serious harm at her father's address.
You could request police conduct a welfare check on her.
You need to consult with a family law accredited solicitor ASAP.

Im sure I read that the OP doesn't know where he lives which is going to add so many more complexities.

CowTown · 20/08/2024 12:15

PeriIsKickingMyButt · 20/08/2024 12:00

It's not. When the person taking the child also has PR and there is no court order prohibiting contact then it's not kidnap.

The cousin doesn’t have PR

ineedtogwtoutbeforeitatoohot · 20/08/2024 12:17

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.

You have a restraining order that says contact has to go through the courts ?
Sorry but why didn't you go to the police straight away ? This is crazy. Any mother would have dialled 999 immediately. Are you scared of someone ? This is not ringing true.

ineedtogwtoutbeforeitatoohot · 20/08/2024 12:18

This child needs protection. How do you know she's not being used for sexual purposes. Get to the police NOW

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