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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:
lovemetomybones · 20/08/2024 16:06

Going to the police has helped because you now have a paper trail of his actions. He took her without consent and refuses to give her back, this is out of her routine, he has never had her for this length of time before. The courts will not see this as a good thing.

You must be clear to your parents about this cousin. You cannot risk your daughters safety any more, if the cousin remains in your parents home then you cannot see them there. They will have to come to yours.

You have no order so he technically hasn't broken it, however you said at the beginning that you are the primary residence. He has broken that if it's official.

You need a solicitor please don't go to court without one. I found that if you take him to court it's your solicitor that writes up the court notes and obviously it will be in your favour.

I took my ex to family court, it was the worst time of my life but they listened and with the help of a solicitor we managed to get rid of him from my daughters life (and I don't say that lightly he was a violent abuser, not necessarily convicted of anything against us but would have damaged my daughter)

Put your faith in the courts, don't represent yourself, get her back x thinking of you x

AllstarFacilier · 20/08/2024 16:28

Surely your parents can’t allow your cousin to continue staying there if your daughter is at risk in their house in the future.

PfishFood · 20/08/2024 16:38

seethesunflowers · 20/08/2024 14:56

I am currently filling out the application.

I have just spoken with the police. As many of the PP's mentioned, there is nothing that the police can do. Although he has technically broken the order, there is no child arrangement order in place and hence they cannot do anything.

Did you report your cousin to the police for abduction? Cos I bloody would have!

InkyPinkyPonky24 · 20/08/2024 16:40

@PfishFood it's not abduction if the father gave consent for the cousin to collect the child.

PeriIsKickingMyButt · 20/08/2024 16:55

altmember · 20/08/2024 14:53

I would like to think that there's enough concern in this case for ss to open a case right now, especially given the history of offences?. At least while this vulnerable 13 year old girl remains in 'the care of' her semi estranged father. As soon as the girl is returned to her mother the immediate risk/concern should cease, so probably too late to alert ss then.

Unlikely at this stage, because the issue IS the application for an emergency court order. If the court decides the child may be at risk of significant harm based on what they hear they might order children's services to complete a section 37 report but it would have to go to court first and may not be necessary if they order her to be returned to her mother.

seethesunflowers · 20/08/2024 17:13

Hello everyone,

Just to provide an update.

I spoke to a fantastic solicitor who unfortunately could not take on my case urgently. But gave me some great advice. I have been advised to fill out a couple of forms urgently and present this at the court tomorrow. I'll see how I will get on. But I have been advised to do this urgently! The father has mentioned that he will return our DD on Friday but I cannot risk it.

OP posts:
JLou08 · 20/08/2024 17:18

You're doing the right thing. Good luck with it all. I hope you and DD are okay and get it sorted quickly. I'd be cutting that cousin out of your life next.

seethesunflowers · 20/08/2024 17:33

Will I be within rights to request that I want DD to have supervised access with his father?

OP posts:
Augustisnearlydonesogoodbyesun · 20/08/2024 17:34

Remember your dd is in a place unfamiliar.. And with a man who's a virtual stranger... She will want to come home soon I imagine. As a teen my df was quite a stranger. I ran away and turned up at his home. Stayed 1 night and that was enough for me!!
Good luck tomorrow.. Fight for your dd op.

InkyPinkyPonky24 · 20/08/2024 17:35

seethesunflowers · 20/08/2024 17:33

Will I be within rights to request that I want DD to have supervised access with his father?

Yes absolutely. You have to put reasons forward as to why you want it to be supervised etc.

fashionqueen0123 · 20/08/2024 17:39

Why haven’t your parents made your cousin tell you the address? That’s outrageous.
If it’s the cousin who took her there can the police not ask your cousin for it? Hasn’t your cousin basically kidnapped your child!

CowTown · 20/08/2024 17:44

seethesunflowers · 20/08/2024 17:33

Will I be within rights to request that I want DD to have supervised access with his father?

I would ask, as he has shown that he now has a history of taking her, lying about bringing her back on which days, refusing to disclose where she is, and not taking her to her dr appts/bringing her back so that you can take her to her appts.

Starlight7080 · 20/08/2024 17:46

I have not read anything but the first post.
Why did you not instantly call the police and report that your cousin and ex had kidnapped your daughter.
You should have not trusted her near them at all
If you have not already then call the police . It's madness you have not already

Axelotylbottle · 20/08/2024 17:46

Your daughter is at risk here. You know what he's done to you OP - why on earth do you think he might not do the same to your DD? He's hardly acting in her best interests. He's not been in her life for a really long time. He's refused supervised contact - why? What possible motive is there for refusing this if a father is considering his child's best interests? He's using her and I'd be worried about what he might do.

Your parents should be changing the locks and telling your cousin that he's not welcome in their house until he tells them / you where your DD is. Fuck's sake, what the hell's wrong with them?

Axelotylbottle · 20/08/2024 17:49

Your poor daughter, she already has trauma from your ex's past abuse, what is this going to do to her? She's probably missing you terribly OP.

Get your parents to throw your cousin out until he tells them / you where your DD is. It's the LEAST they can do.

AnywhereAnyoneAnyTime · 20/08/2024 17:55

Can people stop telling the OP she needs to report the cousin for kidnapping.

Whatever people would like to believe to increase the drama here, if the father asked the cousin to bring the daughter to him then it is not kidnapping as the father has parental responsibility.

In the same way that you could ask your MIL to fetch your child from nursery for instance, that’s not kidnapping either because the parent has given consent.

As much as I agree the cousin shouldn’t have taken the OPs dd to her father’s, it’s not only the OP who has the right of consent over her daughter.

Hopefully a court order will change that status quo, but fr now the cousin hasn’t done anything which he legally shouldn’t have, and there are no charges anyone can bring here.

Allthegoodnamesaretaken92 · 20/08/2024 17:59

lovemetomybones · 20/08/2024 16:06

Going to the police has helped because you now have a paper trail of his actions. He took her without consent and refuses to give her back, this is out of her routine, he has never had her for this length of time before. The courts will not see this as a good thing.

You must be clear to your parents about this cousin. You cannot risk your daughters safety any more, if the cousin remains in your parents home then you cannot see them there. They will have to come to yours.

You have no order so he technically hasn't broken it, however you said at the beginning that you are the primary residence. He has broken that if it's official.

You need a solicitor please don't go to court without one. I found that if you take him to court it's your solicitor that writes up the court notes and obviously it will be in your favour.

I took my ex to family court, it was the worst time of my life but they listened and with the help of a solicitor we managed to get rid of him from my daughters life (and I don't say that lightly he was a violent abuser, not necessarily convicted of anything against us but would have damaged my daughter)

Put your faith in the courts, don't represent yourself, get her back x thinking of you x

Yep that’s the best use of police time, to keep paper trails on people who have not broken the law 🙄

social services/solicitors will keep a ”paper trail”. No need to waste police time “logging with 101”.

InkyPinkyPonky24 · 20/08/2024 18:00

AnywhereAnyoneAnyTime · 20/08/2024 17:55

Can people stop telling the OP she needs to report the cousin for kidnapping.

Whatever people would like to believe to increase the drama here, if the father asked the cousin to bring the daughter to him then it is not kidnapping as the father has parental responsibility.

In the same way that you could ask your MIL to fetch your child from nursery for instance, that’s not kidnapping either because the parent has given consent.

As much as I agree the cousin shouldn’t have taken the OPs dd to her father’s, it’s not only the OP who has the right of consent over her daughter.

Hopefully a court order will change that status quo, but fr now the cousin hasn’t done anything which he legally shouldn’t have, and there are no charges anyone can bring here.

Completely agree 100%. No crime has taken place as far as we have been told.

InkyPinkyPonky24 · 20/08/2024 18:03

Starlight7080 · 20/08/2024 17:46

I have not read anything but the first post.
Why did you not instantly call the police and report that your cousin and ex had kidnapped your daughter.
You should have not trusted her near them at all
If you have not already then call the police . It's madness you have not already

Because no crime has been committed. As far as we know, the cousin was acting in loco parentis.

Stressfordays · 20/08/2024 18:07

When my ex did this, I agreed to everything he wanted (on my solicitors advice), I even 'signed' a piece of paper saying I agreed with it all. He brought the kids back the same day then me and all my family blocked him. He's not seen them since, told him to take me court, he never did.

PfishFood · 20/08/2024 18:21

InkyPinkyPonky24 · 20/08/2024 16:40

@PfishFood it's not abduction if the father gave consent for the cousin to collect the child.

Good point - I didn't think of that - I was too outraged on OP's behalf! That's bloody annoying isn't it... Shits, the pair of them.

Good luck OP. I hope the affect on your DD isn't too great and she just thinks she's having a lovely holiday for now.

InkyPinkyPonky24 · 20/08/2024 18:33

@PfishFood I know what you mean, it's rubbish. I've been there before with my ex taking the children and it's a horrible feeling. My full sympathies to the OP. I hope the courts sort it out for her asap.

seethesunflowers · 20/08/2024 18:59

Last question. If the court order gets accepted. How can they retrieve my daughter if I do not know the father's address?

OP posts:
Allthegoodnamesaretaken92 · 20/08/2024 19:13

Stressfordays · 20/08/2024 18:07

When my ex did this, I agreed to everything he wanted (on my solicitors advice), I even 'signed' a piece of paper saying I agreed with it all. He brought the kids back the same day then me and all my family blocked him. He's not seen them since, told him to take me court, he never did.

And the police haven’t turned up to arrest you for kidnapping. Funny that, despite people here saying it is.

stopping a parent seeing their other parent is not a crime.

Allthegoodnamesaretaken92 · 20/08/2024 19:14

seethesunflowers · 20/08/2024 18:59

Last question. If the court order gets accepted. How can they retrieve my daughter if I do not know the father's address?

The police/dwp/social services will find him.

if there is a court order there is an authority and action will be taken.

without the court order he has as much right as you do to have her with him.