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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
Teathecolourofcreosote · 29/12/2025 13:26

@DontGoChasinWaterfalls I have followed all your posts but not commented before.

I just wanted to say how dignified you've been. You've tried your best not to upset or stress your daughter and stuck to the proper process.

Not something many of us would be able to do but vital for the long game. You can't be painted as unstable when your behaviour has been exemplary.

I hope you have a lovely time with your daughter. Are you going to do a delayed Christmas day?

SlashBeef · 29/12/2025 13:27

I'm proud of you, stranger. This must have been incredibly hard and you've so been composed and dignified. Enjoy your time with your daughter when you pick her up Flowers

ShawnaMacallister · 29/12/2025 13:28

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.

Read the OP's posts properly. She was absolutely right not to do that, now she has an enforcement order and a record of his breach. Playing tit for tat with him would a) make her look as bad as him in the court's eyes and b) merely delay the resolution she needs.

ShawnaMacallister · 29/12/2025 13:29

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

Everyone is an expert hey? She has to wait for 3pm to get the court order. She MUST do it by the book.

ShawnaMacallister · 29/12/2025 13:29

peacefulpeach · 29/12/2025 13:22

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

No, she doesn't have the order in hand yet.

peacefulpeach · 29/12/2025 13:31

ShawnaMacallister · 29/12/2025 13:29

No, she doesn't have the order in hand yet.

Oh yes sorry, you’re right. With order in hand, collect..

Left · 29/12/2025 13:32

Great result OP! Hope all goes smoothly later .

Gettingbysomehow · 29/12/2025 13:33

My abusive ex husband did all these things and lost custody of my son as a result. The judge wasn't putting up with that and said it was malicious harm. My son was 6 or 7 at the time.
Keep notes of everything. The family court take a VERY dim view of this behaviour.

DontGoChasinWaterfalls · 29/12/2025 13:34

I don't need the order but I prefer to have it. The holiday club can't refuse to send her with me. I have a plan to get there before so don't worry. His thinking was the court can't do anything without him being there that's why he didn't turn up. Xx

I'm so grateful for the lovely comments xxxxxx

OP posts:
liveforsummer · 29/12/2025 13:36

ShawnaMacallister · 29/12/2025 13:29

Everyone is an expert hey? She has to wait for 3pm to get the court order. She MUST do it by the book.

Why so nasty. I asked a question having a similar ex I know the sort of games they play as asked if it was possible

bigboykitty · 29/12/2025 13:40

Fuckwits like your ex need locking up, @DontGoChasinWaterfalls . Brava, you are amazing x

HK04 · 29/12/2025 13:42

Great news!

Will he have to pay your costs OP including any lost wages or enforcement application? Not be fair if you’re out of pocket…

WinchSparkle80 · 29/12/2025 13:47

@DontGoChasinWaterfalls bravo you for holding your head high and doing everything by the book, your daughter will be so delighted tonight, you are a stranger to me but I am so very proud of you. I hope you have a wonderful day celebrating Christmas, whenever you can.

Lilactimes · 29/12/2025 13:48

Dear @DontGoChasinWaterfalls - I've just seen this thread and read your posts. I'm literally in awe of you. You are the best most selfless intelligent and caring mother.

Bloody well done you for sorting this and thank god the courts acted quickly as they could for you.

I hope you're ok and will soon be with your darling girl. Sending love and so so much respect to you xxxx

Blueberrymuffinsforthewin · 29/12/2025 13:54

I have friends going through this system and it just seems so baffling that people can do this to their children. Well done you for staying strong. I hope you have a lovely albeit belated Christmas together.

houseofisms · 29/12/2025 13:57

Sorry posted on wrong thread but can’t delete

Boomer55 · 29/12/2025 13:58

Owly11 · 21/12/2025 07:30

The police can't refuse a welfare check. Call again and say your daughter has been kidnapped (she has) and that she is at risk of harm.

They can and they will. Best to do things properly.

Nessiesfoodprovider · 29/12/2025 14:03

Good luck, @DontGoChasinWaterfalls I hope you get things resolved. If he is going to pull this sort of stunt then you would be not unreasonable to ask that he is allowed only supervised contact from now on.

Lamentingalways · 29/12/2025 14:04

DontGoChasinWaterfalls · 29/12/2025 12:09

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.

Hopefully there’s some wording on what you give him to that effect so it acts as a deterrent. Very proud of you, Merry Christmas and I hope the next few days with your daughter are pure magic x

REP22 · 29/12/2025 14:08

DontGoChasinWaterfalls · 29/12/2025 13:34

I don't need the order but I prefer to have it. The holiday club can't refuse to send her with me. I have a plan to get there before so don't worry. His thinking was the court can't do anything without him being there that's why he didn't turn up. Xx

I'm so grateful for the lovely comments xxxxxx

Thank you so much for the updates. I am so pleased for you and your DD.

Your DD is so lucky to have such an incredibly brave and wise mum. I cannot imagine the torment you have endured over the past days - I could not have borne it as bravely as you have, and with your DD's welfare always uppermost above rage at your utter knobjockey of an ExH and despair at the fallout.

I am in awe of you, as a mum and a person. You are mighty.

I hope you have a lovely evening with your DD, catching up on presents, advent calendar treats and lost cuddles.

Very best wishes to you, for now and for the new year. x

DontGoChasinWaterfalls · 29/12/2025 14:09

Just got the Court order through :)
The Judge has recorded that the allegations he made were false and he had no valid reason to breach the order and the breach has been recorded. She accepted he had been properly served and had notice of the hearing so therefore made an order in his absence

OP posts:
MrsDoomesPattersen · 29/12/2025 14:10

Go get your daughter girl!’

so much love 🥰🥰🥰

Songlines · 29/12/2025 14:10

I'm so in awe of how you have handled this situation @DontGoChasinWaterfalls with dignity and integrity. You are an amazing role model for your daughter. I hope you have the best, albeit delayed, Christmas

JustMyView13 · 29/12/2025 14:11

DontGoChasinWaterfalls · 29/12/2025 14:09

Just got the Court order through :)
The Judge has recorded that the allegations he made were false and he had no valid reason to breach the order and the breach has been recorded. She accepted he had been properly served and had notice of the hearing so therefore made an order in his absence

It’s so refreshing to hear the right outcome for following the right processes. Seriously delighted for you & your reunion.

Ivesaidenough · 29/12/2025 14:11

I've been following, great news. You must be so relieved.