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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

Handhold needed - Ex partner has not returned child to my care despite Court order

976 replies

DontGoChasinWaterfalls · 19/12/2025 23:26

I just need a handhold tonight. I am extremely upset, but trying to remain grounded. I have extensive experience of the Family Court and I understand the process and what I need to do, but emotionally this is very difficult.
My daughter (aged 7) was due to return to my care this evening at 5.30pm. We operate a one-week-on, one-week-off arrangement, which was determined by the Family Court in summer 2025. Proceedings had been ongoing for over five years, largely arising from domestic abuse and repeated assessments.
During those proceedings, false allegations were made and a professional recommendation was put forward suggesting a transfer of residence to her father. Thankfully, at the final hearing we had a very child-focused and robust judge who rejected that recommendation in its entirety. The court ordered that my daughter resides with me, with equal contact to her father. This is not shared care; it is a structured 7/7 arrangement that runs consistently throughout the year.
Since judgment, the father has continued to make allegations to the police and to social care that I am physically harming our daughter. I have never been contacted by the police in relation to any allegation. I proactively contacted them and offered to attend the station or have officers attend my home, but I was never followed up. The father also made a referral to social care, which prompted a Child and Family Assessment. However, this has not been treated with any urgency by the allocated social worker, who is now on annual leave.
My daughter has told me that her father pressures her to say things. For example, if she tells him she got a bruise at school during PE, he will push her to say it was caused by me. She has had extensive professional involvement throughout these five years, and I have made a conscious and sustained effort to step away from conflict and allow her to experience a normal, happy childhood.
She broke up from school on Thursday. I have not seen or spoken to her since last Friday. She was due to return to me today. Her father confirmed the handover time and location in writing just three days ago. I attended the handover point and waited. After ten minutes, I contacted him and received a message stating that he was exercising his parental responsibility, that he had spoken to the NSPCC, and that he was therefore retaining our daughter. My understanding is that no statutory authority would advise a parent to breach a court order. I have contacted both the Police and Emergency out of hours Social Care this evening, both of which will not do anything to help (which I already knew).
What makes this particularly distressing is that the order was only made four months ago and my daughter has settled well into it. She was due to travel with me tomorrow to see her maternal family for Christmas and to meet her new cousin. I offered the father an opportunity to reconsider and return her by 9am tomorrow, but based on past behaviour I do not believe he will do so. I have therefore submitted an urgent C79 application to enforce the order.
The court also made a barring order preventing repeated applications for two years. I understand that this does not apply to enforcement, but it means the father does not have a straightforward legal route back to court should he wish to vary arrangements.
My daughter is due to return to school on 5 January. That is her scheduled week with me. I do not know what happens if nothing is resolved by then. I am heartbroken. I have not seen her in eight days, and it could be three and a half weeks. I miss her deeply, and the thought of all our Christmas plans being lost is overwhelming.
I know where her father lives, but I made the conscious decision not to attend his property to retrieve her because I did not want to create a scene that my daughter could witness or hear. That choice feels incredibly painful, but I believed it was the right one for her.
It feels very deliberate that this has been done during the school holidays. I am frightened, exhausted, and unsure how I will get through the weekend knowing the court will not review my email until Monday.
Thank you for listening.

OP posts:
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IndigoIsMyFavouriteColour · 19/12/2025 23:30

I don’t have anything to add particularly but didn’t want to read and run. I am so sorry this is happening to you and your daughter! I hope the courts do something swiftly on Monday.

NeedSleepNow · 19/12/2025 23:34

I am so sorry you're going through this.

I don't know anything about the process that is now needed with the courts etc so can't advise in anyway, but I just wanted to say that I hope for both you and your daughter that her Dad sees sense and returns her to your care in the morning. Sending big hugs

stillchasingdereksheppard · 19/12/2025 23:36

Gosh this is my worst nightmare or certainly was during the difficult period of my separation when things got ugly.
I am so sorry you are living this. It must be so distressing knowing your child is missing you to and wants to come home.
Do you think she's safe for the time being? Clearly he is emotionally abusive and this is damaging but if you think she is safe & well in the short term I think you are doing everything right.
I know that probably isn't much comfort right now but eventually the court will see him for what he is and see that you are consistently prioritising her best interests, avoiding conflict and doing your best to adhere to the order.
It's absolutely deliberate to have done this in school holidays and the court will see that too.
I really really hope that he does reconsider.

MrsDoomesPattersen · 19/12/2025 23:40

I’m so glad the law is changing about this - got to give abusive parents equal rights

I’m so so sorry to hear this - you must feel like your heart has been ripped out

I think this will impact his being able to have her so much - let’s hope it helps in the long run

hardtocare · 19/12/2025 23:42

This isn’t the same situation but… when I broke up with DD1’s dad (12 years ago) he was always threatening not to bring her back cos I was such a terrible mum. My solicitor told me that if it ever happened to go to his address and ask the police for a welfare check and as they went in enter the property and get my girl. I never had to go that far but maybe it’s an option? I’m sure his timing is not accidental with it being Xmas and courts not around all week. You need to avoid the precedent that you child is with him as sole parent

DontGoChasinWaterfalls · 19/12/2025 23:44

I did ask for a welfare check but the Police didn't consider emotional harm enough.

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WeightLossGoal2024 · 19/12/2025 23:50

Sending a HH. I am so sorry you are experiencing this.

blankcanvas3 · 19/12/2025 23:54

I’m so sorry. I don’t have any advice other than contacting the police and reporting it as an abduction which a friend of mine has done before in a similar situation to yours. I hope he reconsiders and she’s back with you tomorrow

Myfridgeiscool · 19/12/2025 23:57

Huge handhold coming your way right now. What a nasty bastard.
I hope he comes to his senses and returns her tomorrow.
Does your DD know the schedule well?
If you’re not already keeping a detailed diary of his behaviour start one now.

MeTooOverHere · 20/12/2025 03:32

Handhold from Australia, I can neither say or do anything else.
Make sure you are documenting everything and a copy of what you have posted here would be excellent for that purpose.

ShawnaMacallister · 20/12/2025 05:37

I'm so sorry
you're right, the family court is hideous and has clearly been used to continue to abuse you. I'm sorry you're in limbo now. I hope this leads to a change in care arrangements for you as a result of his behaviour.

Pinkladyapplepie · 20/12/2025 06:37

Not minimising your situation at all, I would be distraught too. Last night was "Mad Friday " probably one of the busiest times for police, perhaps if you asked for a welfare check today or tomorrow when it's quieter for police and emphasise previous domestic violence that could help?
Sending support 💕

OhShitImNearly40 · 20/12/2025 09:15

My ex wife used to do the same, calling social services, saying I was an unfit parent and she’d been told not to let the children see me. The first time was just before Christmas and I was only ‘allowed’ to see them for a few hours on Boxing Day.
Like you, I made the decision not to go over and argue it out with her for the kids sake, and tbh, for my own sanity.
social services did investigate a few times and nothing was found and a few years later she’s calmed down. Weirdly she’s now started reporting our children’s friends parents. Scary how some people can just throw a grenade into peoples lives like that.
Long winded way of saying I know how you feel, the helplessness and frustration that they can’t just be a normal reasonable person so you child can have a good life with both of you.
Best advice I can give is be patient. It’s only one Christmas and you’ll have lots with your child in the future. Hopefully your ex will get bored and drop hassling you at some point soon and you can get back to your life. As long as you’re a good, loving and consistent parent you’re child will still be there with you.

DontGoChasinWaterfalls · 20/12/2025 21:19

Miss her so much

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CynthiaRothrock · 20/12/2025 21:26

I'd try for a welfare check again. I hope he sees sense soon. I woshni could support you more this is a terrible position for him to put you in

CamillaMcCauley · 20/12/2025 21:34

I understand you don’t want a scene but I think you are enabling him by not going to his house and collecting her.

Your daughter’s father is abusive. She must already be so confused by him trying to manipulate her against you. Now she will be wondering why she is not with you like usual/planned.

She needs to know there is one adult in her life who is honest and consistent. And it’s not helping her to see people tiptoeing around her father because he’ll cause a scene if they stand up for their rights.

I would be turning up and not leaving without her.

TheCorrsDidDreamsBetter · 20/12/2025 21:58

My understanding is that no statutory authority would advise a parent to breach a court order.

The NSPCC cannot authorise breaches of court orders, so he's just trying it on here.

He sounds like a first class manipulative abuser, I'm so sorry that this is happening, and he clearly does not have his daughters best interests at heart if he is alienating you as a parent and refusing to stick to the CAO.

ThatGentleCoralCat · 20/12/2025 22:07

So sorry OP, not much I can offer with advice but just wanted to send a hand hold. My DP is in a similar position to you currently and I've witnessed first hand how much it has destroyed him. I can only imagine how you must be feeling.

MadameBethune · 20/12/2025 22:26

Go to the court on Monday morning.

Most court offices are so short of staff your email may not be seen for days.

Don't bother with the C79 enforcement route, it takes too long.

Ask for an order under s34 Family Law Act 1986 that the child must be returned to you by a stated time, and an order that empowers a police officer to enter premises and collect the child (obviously the hope is that the other parent won't actually let things get to this point).

Branleuse · 20/12/2025 22:42

He pressured your daughter into telling him the bruises are from you? Did you strongly tell her that no matter what pressure he puts, if she tells lies about you then the court will make her live with him all of the time. That she must never tell lies like that about you to him.
He certainly sounds awful and abusive, and putting ideas in her head, but he's also likely pretty worried about her if she's telling tales on you behind your back.
I think you are going to have to play the long game. The courts should order her back to you I hope.

DontGoChasinWaterfalls · 20/12/2025 22:51

MadameBethune · 20/12/2025 22:26

Go to the court on Monday morning.

Most court offices are so short of staff your email may not be seen for days.

Don't bother with the C79 enforcement route, it takes too long.

Ask for an order under s34 Family Law Act 1986 that the child must be returned to you by a stated time, and an order that empowers a police officer to enter premises and collect the child (obviously the hope is that the other parent won't actually let things get to this point).

Thank you I appreciate the advice but this is the wrong route. I've filed an urgent C79 requesting an urgent hearing.

OP posts:
sundaysurfing · 20/12/2025 23:13

I totally understand the not wanting the confrontation. I have been in a similar position and did the same as you. However, I do like what pp said her solicitor advised: To call the police to do a welfare check and you go in at the same time and get your daughter. I would send him a message and say you’re coming to collect her. When you turn up, call the police for a welfare check and say you heard her crying. Then go in as they do and get her.
I don’t understand why the police aren’t returning her when there is a court order that says she should be with you right now. I might need to reread your original post, though.

I really hope this works out and I’m so sorry you’re going through this. My ex kept our DS on Xmas day, when he was meant to come to me. I had to get a welfare check as well, but I didn’t even think of turning up and going in at the same time. What could he really do if you did that? Any violence he would get arrested. The police would protect you. I do wish I’d known that at the time because that’s the only thing that would have subdued my toxic horrible ex.

Of course this is your life and only you have to live it. I think for your daughter, though, if you know she would rather be with you right now then do it. Be brave and strong for her, She will probably remember it. If you do genuinely think she is having fun and enjoying her dad’s house more, then do it the court way.

With the courts, I also do advise to turning up there because even if you did an emergency hearing, it can take two weeks to actually get a hearing, so if you submit the paperwork online, it will just join a massive queue.

DontGoChasinWaterfalls · 20/12/2025 23:30

sundaysurfing · 20/12/2025 23:13

I totally understand the not wanting the confrontation. I have been in a similar position and did the same as you. However, I do like what pp said her solicitor advised: To call the police to do a welfare check and you go in at the same time and get your daughter. I would send him a message and say you’re coming to collect her. When you turn up, call the police for a welfare check and say you heard her crying. Then go in as they do and get her.
I don’t understand why the police aren’t returning her when there is a court order that says she should be with you right now. I might need to reread your original post, though.

I really hope this works out and I’m so sorry you’re going through this. My ex kept our DS on Xmas day, when he was meant to come to me. I had to get a welfare check as well, but I didn’t even think of turning up and going in at the same time. What could he really do if you did that? Any violence he would get arrested. The police would protect you. I do wish I’d known that at the time because that’s the only thing that would have subdued my toxic horrible ex.

Of course this is your life and only you have to live it. I think for your daughter, though, if you know she would rather be with you right now then do it. Be brave and strong for her, She will probably remember it. If you do genuinely think she is having fun and enjoying her dad’s house more, then do it the court way.

With the courts, I also do advise to turning up there because even if you did an emergency hearing, it can take two weeks to actually get a hearing, so if you submit the paperwork online, it will just join a massive queue.

Edited

Thank you for taking the time to respond and for sharing your experience — I do appreciate the support and understanding behind your message.
I do want to clarify that this is not about whether a child is “having fun” or enjoying time with their other parent. The issue is that there is a live court order in place which has not been complied with, and I’m not comfortable taking matters into my own hands or escalating things in a way that could be confusing or distressing for a child.
For that reason, I’ve made an urgent application to the court so this can be addressed properly by a judge. I believe that is the safest, most appropriate and child-focused way forward, even though the waiting is incredibly difficult.

OP posts:
DontGoChasinWaterfalls · 20/12/2025 23:33

As much as I want to turn up to his house, barge in and get DD, what will it achieve.. a scene for DD..

I cannot go there and create a false welfare concern just to get the police there.. yes I am worried about her and have told the police that but they simply won't turn up for a welfare check. I've asked and asked and asked..

OP posts:
Pryceosh1987 · 21/12/2025 03:06

I am sure all good things will work out for you in the end. Keep chasing it up.