Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

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
Givemeausernamepls · 29/12/2025 12:49

Op you are absolutely amazing, you really are. I hope you and your DD have the next make-up Xmas xxx

ElsieMc · 29/12/2025 12:50

I am full of admiration for your restraint and determination here op. Your dd is so lucky to have you.

Your comment about how you would like to act in Family court versus how you need to act really struck a chord having been through similar.

I have just been panned on another thread where I urged caution in sensitive circumstances. Your situation shows the reality of dealing with the family justice system.

I wish you and your daughter a Happy New Year.

Christwosheds · 29/12/2025 12:53

Good news OP, I’m glad it has been resolved, even though no contact with her abusive father sounds best for both your daughter and you.
I don’t understand how men with a history of domestic abuse get to see their children.

Bc87 · 29/12/2025 12:53

I'm so sorry OP.
This is so heartbreakingly unfair for you to have to be in this situation.

Bushwoolie · 29/12/2025 12:54

I'm only just reading through today and I have to say you are simply amazing, the way in which you have handled this is a perfect example of how to put your child first and prevent further harm/distress. You are a shining example of a mother and I applaud you for staying so level headed in what is such a distressing situation.

I wish you all the best for the future - I know it won't be easy but you can overcome anything going by this experience.

Velvetgoldmine · 29/12/2025 12:54

Very very well played indeed! You're a great example to your daughter. I hope you enjoy your belated Christmas celebrations

washingfrenzy · 29/12/2025 12:55

You have done amazing OP. Have a lovely reunion with your daughter this afternoon. I hope others find your post over the coming years and it offers support and help to those who may go through something similar.

XelaM · 29/12/2025 12:55

Glad you got the court order.

I would've definitely taken her from that holiday club though. Police can't and won't do anything when you have parental responsibility and a court order in place. They would not have come to your door.

blankcanvas3 · 29/12/2025 12:56

Great news!! Your DD will be so pleased to be home. Have a lovely few days with her and I hope your ex doesn’t cause anymore problems

MamsKnit · 29/12/2025 12:58

I have not rtft because it is too emotional an experience to do so. I can't begin to imagine what you have been going through these past few days. It was such a relief to read your final updates and I can't wait to read you posting about being reunited with your DD!! You are such a brilliant mum!! Best wishes to both of you.

DonewhatIcando · 29/12/2025 12:59

@DontGoChasinWaterfalls
I've been following your thread and my heart has been aching for you.

Fuckin fantastic update ❤️

Good luck this afternoon when you finally collect DD.

Sending you both the bestest of wishes 😍

Sunshineismyfavourite · 29/12/2025 13:00

Good for you OP. Common sense and the law prevails. I hope you have the most wonderful afternoon with your DD. Sending hugs and strength to you x

ThisAutumnTown · 29/12/2025 13:02

Well done! I’m so happy for you xxx

wizzler · 29/12/2025 13:03

Fantastic news. Enjoy spending time with your dd

Trixibell1234 · 29/12/2025 13:03

Well done you. All the best to you

Perimenoanti · 29/12/2025 13:04

What an amazing parent you are! I think you are incredible for keeping yourself together and do things properly and serve as a role model for your daughter. I just know that she feels safe with you and nobody can take that away from you.

lostmywayrightnow · 29/12/2025 13:05

I am so utterly pleased op, hoping that 4pm rolls around fast. I am so sorry that you both had to endure this.

Wildbushlady · 29/12/2025 13:06

XelaM · 29/12/2025 12:55

Glad you got the court order.

I would've definitely taken her from that holiday club though. Police can't and won't do anything when you have parental responsibility and a court order in place. They would not have come to your door.

Yep.

My sister experienced similar. She knew as the police weren't going to help her get her son back, they also weren't going to stop her getting him back either.

Oneborneverydecade · 29/12/2025 13:16

Well done OP

You sound like a fantastic parent and I'm so sorry you're having to deal with this. Not wishing your DDs life away but I hope she's soon old enough to advocate for her herself

liveforsummer · 29/12/2025 13:16

Can you pick her up early. I’m worried he’ll get her first, especially as he knows there is a court session today. Don’t risk him getting her first. Great news though OP

HK04 · 29/12/2025 13:17

Christmas starts here OP! Absolutely made up for you and DD. Go you, and go that Judge! Sounds like she absolutely has the measure of him. I’m sure the Judge was as appalled and unimpressed as rest of us… if he’s daft enough to ever repeat only plus is he’ll risk worse enforcement. You and DD deserve to have a wonderful Christmas 2.

Seymour5 · 29/12/2025 13:18

So pleased at the outcome. A great example of putting the child first. Such a puty so many parents seem incapable of it.

Geeseinarowhonk · 29/12/2025 13:19

Well done OP, you brilliant woman and mum!

I was so sad when I read this thread, your DD won't forget his odious behaviour.

I hope you have a lovely, peaceful evening together, you have both been through it.

As for him, I hope his dick falls off.

Nottogetapenny · 29/12/2025 13:20

That’s such good news. Hope you and your DD can start to celebrate and have lots of hugs! Knowing she is safe and back where she belongs. 🥳🌺

peacefulpeach · 29/12/2025 13:22

liveforsummer · 29/12/2025 13:16

Can you pick her up early. I’m worried he’ll get her first, especially as he knows there is a court session today. Don’t risk him getting her first. Great news though OP

Absolutely. Maybe collect her now and go for a nice lunch.. you’re allowed!

Swipe left for the next trending thread