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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
ShawnaMacallister · 29/12/2025 10:48

JamesWebbSpaceTelescope · 29/12/2025 09:26

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

The next stage of enforcement through court. Potentially a change of care arrangements, a prohibited steps order etc

ShawnaMacallister · 29/12/2025 10:48

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.

No, that wouldn't be contempt of court. But a decision can be made in his absence.

IidentifyastheGrinch · 29/12/2025 10:49

Sending love to you @DontGoChasinWaterfalls I will be rooting for you.
Don't feel pressure to update unless you want to thought

ShawnaMacallister · 29/12/2025 10:49

Iamvictorio · 29/12/2025 10:44

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.

It's always best to read the OP's posts and updates before joining a long established thread on a sensitive issue.

Tattiana · 29/12/2025 10:50

What an incredible individual you are OP. Strong as an ox. I hope it’s going well today.

Mooselooseinmyhoose · 29/12/2025 10:52

Just wanted to say as a legal professional i think you've handled this absolutely perfectly. I cant imagine how awful it must be for you but well done for holding your head high and putting your child first. Good luck x

Iamvictorio · 29/12/2025 10:55

Tpu · 21/12/2025 07:31

But you do have a concern. He will have told her that Mummy called and doesn’t to spend Christmas with her.

She is being emotionally harmed, and you don’t know whether he will physically harm her. You don’t even know where she is.

Exactly. I would be so concerned, thinking he could have harmed her and not wanting to bring her back so I wouldn't see the extend of the harm. Of course this is a welfare concern! It happened to my DD and me before, and the fact he didnt hand her back in one of the occasions is because she needed medical attention due to the harm he caused her and he wasrefusing yo bring her to a hospital! So, a welfare check by the police is very important in circumstances like these!

Iamvictorio · 29/12/2025 11:02

IidentifyastheGrinch · 29/12/2025 00:23

There's something deeply grim about a legal system that forces mums to behave completely counter to their instincts though.
It so desperately needs reform.

That is so true.
I wish the poster a good hearing today, and that this can be sorted the best way to your daughter. 💝

ThisCyanPoet · 29/12/2025 11:20

Good luck today OP. I hope you get to tuck your daughter in tonight and that the court come down on him like a ton of bricks.

TeideHeart · 29/12/2025 11:53

I hope everything's going well for you OP and that your daughter will be with you soon. 💐

DontGoChasinWaterfalls · 29/12/2025 11:58

Hi all. An update from me as I sit in my car trying to compose myself.
As expected, he didn't turn up.
The Judge said she could not see a single reason why the order should not be enforced and compliance restored. She's given me everything I asked for and more. I proposed a schedule this week for arrangements as its actually her scheduled time with him, she's cut it down to more time with me and less with him. She's going to send me the order by 3pm today.

More importantly.... I get to pick DD up at 4 o clock! Just called the holiday club, she is there so I told them to tell her so she's not confused. I'm so excited 😊.
Thank you so much for your messages of support and kindness. I feel emotionally drained but I've done what I set out to do and I made a promise to DD she'd be home soon and I can show her I meant that x

OP posts:
ShawnaMacallister · 29/12/2025 11:58

Iamvictorio · 29/12/2025 10:55

Exactly. I would be so concerned, thinking he could have harmed her and not wanting to bring her back so I wouldn't see the extend of the harm. Of course this is a welfare concern! It happened to my DD and me before, and the fact he didnt hand her back in one of the occasions is because she needed medical attention due to the harm he caused her and he wasrefusing yo bring her to a hospital! So, a welfare check by the police is very important in circumstances like these!

You're replying to a post from 21/12. The OP is handling it. You shouldn't respond to old posts without checking for updates on a thread like this, it's insensitive and unhelpful.

ShawnaMacallister · 29/12/2025 11:59

Fucking amazing. Well done, you're a Powerhouse.

Dogsrfunny · 29/12/2025 12:02

Well done, you are one hell of a mummy. Hope the rest of your holidays are peaceful and joyful x

TheHillIsMine · 29/12/2025 12:02

❤️

Harassedevictee · 29/12/2025 12:05

@DontGoChasinWaterfalls I am so pleased for you. Roll on 4pm when you can start your belated Christmas Eve with your DD.

GenerousGardener · 29/12/2025 12:06

Just brilliant. Happy New Year to you both. X

HereforonedayonlytoavoidStrangerThingsspoilers · 29/12/2025 12:06

You are an amazing mum! You were so right to take the calm and considered route.

One question though: will he also be notified by the judge by 3pm? If so, is there a risk he will go straight to the holiday club to pick her up before you can?

HappyTalkingAndLaughing · 29/12/2025 12:07

What happens if he keeps her again? Do you have to go through this process again?

Apart from this week - do you continue owards with the same arrangements/ contact times?

DontGoChasinWaterfalls · 29/12/2025 12:08

No I get the court order to serve him after 3pm. I will pick up first then tell him. Just called the club and they said they'll release her to me. X

OP posts:
DontGoChasinWaterfalls · 29/12/2025 12:09

HappyTalkingAndLaughing · 29/12/2025 12:07

What happens if he keeps her again? Do you have to go through this process again?

Apart from this week - do you continue owards with the same arrangements/ contact times?

Yes the order is restored but she's going to record the breach and make it clear in the order any further serious breaches will result in liberty to apply for enforcement action without permission of the court and a potential change of arrangements.

OP posts:
Mudslideal · 29/12/2025 12:10

The most amazing update, I hope you have the most magical belated Christmas 🥰

TotallyFloored · 29/12/2025 12:11

Good luck

mummymummymummummum · 29/12/2025 12:11

Well done for staying strong and following the correct legal process with your head rather than your heart. I hope the order is clear and that pick up at 4pm goes well. Enjoy your Christmas together. 🎄

EineReiseDurchDieZeit · 29/12/2025 12:12

Well done OP

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