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Relationships

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:
PeriIsKickingMyButt · 20/08/2024 12:26

CowTown · 20/08/2024 12:15

The cousin doesn’t have PR

The father does!

BettyBardMacDonald · 20/08/2024 12:26

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.

Why aren't you sure?

PeriIsKickingMyButt · 20/08/2024 12:27

ineedtogwtoutbeforeitatoohot · 20/08/2024 12:17

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.

That's not how the restraining order works. It makes provision for contact without the mother having to be exposed to the father but it does not prohibit contact outside of that. Police won't enforce it.

PeriIsKickingMyButt · 20/08/2024 12:27

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

This is WILD speculation and you cannot just go to the police alleging something like this with no evidence!

CowTown · 20/08/2024 12:30

PeriIsKickingMyButt · 20/08/2024 12:26

The father does!

I know that, but the cousin took the child out of the mother’s home without the mother’s consent. The father didn’t collect the child.

PeriIsKickingMyButt · 20/08/2024 12:34

CowTown · 20/08/2024 12:30

I know that, but the cousin took the child out of the mother’s home without the mother’s consent. The father didn’t collect the child.

It's really irrelevant now. The child is with her father, police aren't going to arrest the cousin for kidnap. It's barking up a dead tree.

Silvers11 · 20/08/2024 12:35

@seethesunflowers I mean this kindly, but I don't understand why you are on here trying to decide what to do. You have a restraining order which says contact needs to go through the courts or Social Services. You need proper help and asking folk on here will not give you the help you and more importantly your daughter needs.

Please contact the Police and Social services ASAP like Now!! And find yourself a solicitor too. Urgently

Wallywobbles · 20/08/2024 12:38

The best advice I can give you is keep building up proof. Every time he pulls shit like this you go to the police and make a complaint.

And please please make a complaint against your cousin. However bad this makes things in the family. What he has done is absolutely unforgivable.

JLou08 · 20/08/2024 12:41

He is in breach of the order as it says contact has to go through court or social services. This doesn't happen often which proves the danger he is. I very much doubt the court would grant more access and your daughter us certainly being emotionally abused right now. Do not wait any longer, call the police and make an application to the family court. The more of a delay there is the worse it looks on you.

SaveMeFromMyBoobs · 20/08/2024 12:42

Make sure you tell the police about her important medical appointments he's refused to return her for! He is a risk to her health, it is not a civil matter!

PeriIsKickingMyButt · 20/08/2024 12:47

SaveMeFromMyBoobs · 20/08/2024 12:42

Make sure you tell the police about her important medical appointments he's refused to return her for! He is a risk to her health, it is not a civil matter!

It Absolutely is a civil matter. It's not a criminal offence not to take a child to medical appointments.

NetflixAndKill · 20/08/2024 12:48

Does she have her own phone OP? If so do you have find my iPhone enabled. Track her.

Edingril · 20/08/2024 12:53

SaveMeFromMyBoobs · 20/08/2024 12:42

Make sure you tell the police about her important medical appointments he's refused to return her for! He is a risk to her health, it is not a civil matter!

It is a civil matter, where on earth did you get your law degree from?

Gr33nsl33ves · 20/08/2024 12:56

A similar thing happened to me months ago and I haven’t seen my child since. Because there was no danger to the child my emergency order was refused and we were told to go via mediation, which broke down and could finally apply to court. Police can’t do anything as we both have PR.

Not sure how the other bits may affect but that’s my experience💕 Sending so much love, it’s so shit and you feel so alone and helpless and no one (can legally) really help at all

Allthegoodnamesaretaken92 · 20/08/2024 12:57

CowTown · 20/08/2024 12:30

I know that, but the cousin took the child out of the mother’s home without the mother’s consent. The father didn’t collect the child.

The father consented. The father has equal rights.

if mum goes to his home - or the police for that matter- and removes her without his consent, then that would equally be abduction.

a parent can make decisions alone. Parents to not need to both consent to every action by the other.

the court order appears to protect the mother. Contact is via social services/courts so she does not have to contact him. If this is the case then he is not in breach of the court order as it does not expressly say he cannot have contact.

if he was in breach the o/p could have sent the police round 6 days ago to enforce the order.

and people wonder why the police are too busy to deal with crime. Too busy logging with 101 and dealing with non-crime.

Reugny · 20/08/2024 12:58

CowTown · 20/08/2024 12:30

I know that, but the cousin took the child out of the mother’s home without the mother’s consent. The father didn’t collect the child.

The child is 13 years old.

13 year olds even if they have SEN by law have some agency and so if the child wants to see her father then the law will allow her to.

Allthegoodnamesaretaken92 · 20/08/2024 13:00

SaveMeFromMyBoobs · 20/08/2024 12:42

Make sure you tell the police about her important medical appointments he's refused to return her for! He is a risk to her health, it is not a civil matter!

I forgot to take my child to a medical appointment last week. Clear forgot.

no one’s been to arrest me yet 🙄

think about it people. If I sent my cousin to pick my child up from a party without getting dad’s permission, is that a crime? No. My cousin has not abducted the child, they have merely picked up the child at a parents request.

use your brains. Has he done anything a mother isn’t allowed to do? No.

Reugny · 20/08/2024 13:01

JLou08 · 20/08/2024 12:41

He is in breach of the order as it says contact has to go through court or social services. This doesn't happen often which proves the danger he is. I very much doubt the court would grant more access and your daughter us certainly being emotionally abused right now. Do not wait any longer, call the police and make an application to the family court. The more of a delay there is the worse it looks on you.

The order is clearly a few years old. The OP was supposed to immediately sort out contact via court or social services and didn't do so. Therefore as the OP didn't deem it important to do so then the court won't see it either.

Also as the child is 13 their opinion on seeing their father will be taken into account. Just because you have SEN or a disability doesn't mean your opinions are less valid.

Edingril · 20/08/2024 13:03

Allthegoodnamesaretaken92 · 20/08/2024 13:00

I forgot to take my child to a medical appointment last week. Clear forgot.

no one’s been to arrest me yet 🙄

think about it people. If I sent my cousin to pick my child up from a party without getting dad’s permission, is that a crime? No. My cousin has not abducted the child, they have merely picked up the child at a parents request.

use your brains. Has he done anything a mother isn’t allowed to do? No.

I am not sure much thinking is happening people just seem to parrot what they have seen on tv or random things

tolerable · 20/08/2024 13:09

thinkin g of you op xx

DaringlyDizzy · 20/08/2024 13:13

How are things? Have you heard from him since?

SaveMeFromMyBoobs · 20/08/2024 13:15

Medical neglect is child abuse ...

PeriIsKickingMyButt · 20/08/2024 13:16

SaveMeFromMyBoobs · 20/08/2024 13:15

Medical neglect is child abuse ...

Missing a couple of appointments isn't hitting the threshold of medical neglect.

SmileyHappyPeopleInTheSun · 20/08/2024 13:18

You need a court order and a decent solicitor.

This is best advice - though I'd contact local police force on non emergency number and see if they think they can help as I think attitude can vary - they may at least do a welfare check.

The cousin I'd block all contact with - if challenged by rest of the family calmly state to everyone they removed with no consultation your daughter from your care your and place her in care of a man with convictions of domestic violence placing her in jeopardy - what they did was unforgivable and frankly your disgusted anyone would try and defend their actions.

SaveMeFromMyBoobs · 20/08/2024 13:43

PeriIsKickingMyButt · 20/08/2024 13:16

Missing a couple of appointments isn't hitting the threshold of medical neglect.

Depends on the appointments. OP hasn't made it clear. Obviously a vaccination for example easily rearranged.

But what if it was chemotherapy for cancer? Transfusion for sickle cell? Dialysis for kidney disease? Airway clearance physiotherapy for cystic fibrosis?

May not even be life/death such as referall for tonsils taken out. Can be waiting a solid year for an appointment. Not attending an appointment can push treatment back months.

He has selfishly refused to return for medical appointments with zero regard for his child's wellbeing. He isn't against the treatment, he'd rather keep her to himself in place of getting proper medical care for her established needs, as determined by a medical professional. Needs he has zero training in how to meet unlike OP.

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