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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

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:
Thread gallery
5
OnePearlHelper · 29/12/2025 09:08

I have everything crossed for you ❤️

caramac04 · 29/12/2025 09:12

Hoping for a positive update for you and your dc

HK04 · 29/12/2025 09:22

Good 🍀 luck OP. The way you’ve handled an incredibly difficult situation so well is remarkable. Hoping DD be back with you soon.

Randomchat · 29/12/2025 09:23

I hope you get your Christmas Day this afternoon. Dd will be so happy to be with you

JamesWebbSpaceTelescope · 29/12/2025 09:26

ShawnaMacallister · 29/12/2025 08:42

Police won't go round. She'll be given a copy of the order and he will be sent one too and it will be up to him to comply with it. Now if he doesn't that's a fresh issue but it would be lawful for OP to take her from school when she goes back and depending on what's in the order the school may be able to refuse to release her to him.

So if he just doesn’t comply then what happens?

StealthMama · 29/12/2025 09:29

I wondered if he doesn’t show could they hold him in contempt of court. Given he has no reasonable justification for withholding, and despite being served to attend he chooses not to ‘As he doesn’t believe it’s real’

He’s setting himself up for a variation of the agreement anyway if he won’t comply with the courts.

OldGothsFadeToGrey · 29/12/2025 09:30

Good luck OP x

TheHillIsMine · 29/12/2025 09:34

You really are the most amazing mother and strong woman. Good luck today.

Driftingawaynow · 29/12/2025 09:38

Thinking of you OP, I hope you get a kind judge that makes it as low stress for you as possible

roasttattie · 29/12/2025 09:42

If he doesn't show up that makes him look even worse. And makes you look even more lovely.
Good luck x

MamainWonderland · 29/12/2025 09:46

Thinking of you today OP - you sound like a wonderful mother and I’m sure that the courts will see the difference in your behaviour compared to his. Keeping everything crossed for you!

Myfridgeiscool · 29/12/2025 09:46

Good luck for today OP.
Hope the Court see exactly how completely unreasonable he is being and give him an absolute bollocking.

Ellie1015 · 29/12/2025 09:57

You are absolutely doing the best thing for your dd by going through courts. Hopefully all resolved today, good luck.

Lamentingalways · 29/12/2025 10:05

StealthMama · 29/12/2025 09:29

I wondered if he doesn’t show could they hold him in contempt of court. Given he has no reasonable justification for withholding, and despite being served to attend he chooses not to ‘As he doesn’t believe it’s real’

He’s setting himself up for a variation of the agreement anyway if he won’t comply with the courts.

This is what I thought but got roasted. He needs a deterrent, otherwise he could just make claim after claim after claim of mistreatment etc and do this repeatedly. The judge needs to tell him firmly that it will not be tolerated. I’ve heard of mothers being held in contempt when it’s the other way around. Surely she has some sort of claim for some sort of malicious harassment against him? You can’t just keep making claims if they are repeatedly found to be untrue surely?

johntorodesfatcheeks · 29/12/2025 10:07

Good luck for today OP. Shouldn’t need to wish you luck but sadly many of us know the realities of the family court system. hope you are reunited with your daughter very soon

JaneyDC · 29/12/2025 10:11

DontGoChasinWaterfalls · 29/12/2025 08:53

Thank you everyone. I woke up early this morning and have all my papers in order and made sure I ate and had a cup of tea. Going to get to the Court early and try not to let anxiety get the best of me. My instinct is telling me he's not going to show up today but either way it doesn't matter. I will update you all after lunchtime today and sincerely thank you for your kind messages and support x

Good luck OP. I admire your strength and courage. You have thought of your child's needs above yours every step of the way and that is admirable. You will get through this without causing your child unnecessary suffering and v soon will be able to celebrate a late, but comforting christmas together.

CantThinkOfAnotherUsernane · 29/12/2025 10:15

What a fantastic mum you are OP. Good luck today I hope your DD is returned to you today

HashtagShitShop · 29/12/2025 10:15

Best of luck, well done for going through the official way and having the record of proceedings somewhere he cannot edit it or bluff. It will all count in the long term. Christmas is but a day and can be had again later surrounded by her loving family and away from that abusive toad.

MysticalPombear · 29/12/2025 10:20

You're a strong courageous woman, you and your daughter deserve all the happiness.

PositiveCat · 29/12/2025 10:26

You are amazing @DontGoChasinWaterfalls , and I hope things go the way they should.

Mind blowing that men with a history of abuse and manipulation are afforded this type of opportunity to continue to abuse both children and former partners. He should not be allowed unsupervised contact after this.

Electricsausages · 29/12/2025 10:32

@DontGoChasinWaterfalls thinking of you today , good luck 🤞

Whattodo541289 · 29/12/2025 10:35

I dont no anything about the family court but iv read your posts and almost been in tears. Im sorry you are going through this - your determination and willingness to abide by the rules/system inspite of your own pain, for the sake of your daughters wellbeing is inspiring. Have a wonderful Christmas when she gets home. Good luck

usethedata · 29/12/2025 10:36

Thinking of you today OP. I think you have handled this totally correctly despite how painful that is. I did wonder if you could report him for parental alienation.

Dogsrfunny · 29/12/2025 10:43

Good luck,

Iamvictorio · 29/12/2025 10:44

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

Exactly: you can ask the police for a welfare check. I did that years ago and father brought my DD back on the same day.

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