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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:
Thread gallery
5
AutumnAllTheWay · 29/12/2025 14:12

Pmk to be overjoyed when you post you have your daughter back with you op

Songlines · 29/12/2025 14:13

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

I hope you can go and get her now. Enjoy your afternoon and evening.
I'm so glad the court worked in the way it should and got the correct outcome

DontGoChasinWaterfalls · 29/12/2025 14:13

SO relieved, and SO excited to see her. Can't wait for that first hug, the holiday club owners have told her I'm picking up so it's not a shock/surprise for her, but I anticipate tears from both of us later xxxx bought all her favourite foods and going to run a lovely bubble bath for her and open some presents :) don't want to overwhelm her straight away as she's probably quite confused about what is going on.

OP posts:
Hiphopboppertybop99 · 29/12/2025 14:13

So relieved for you. Hope you're on your way for your little girl and have the most fabulous belated Christmas celebrations

usedtobeaylis · 29/12/2025 14:14

I can't wait for you to collect her. I'm a bit in awe of you OP. Well done.

lessglittermoremud · 29/12/2025 14:14

OP i am in awe of your determination, dignity and strength.
You’ve done it all by the book and got the outcome you deserved.
Hope you and your daughter have a lovely time catching up with your family, meeting her new cousin and having fun before school starts.
Ultimately if he keeps breaching the orders he will lose his daughter, hopefully the latest order will be a wake up call for him. What he is doing is abusive, your poor daughter deserves both parents to be putting her first.
Have a very happy new year x

PullTheBricksDown · 29/12/2025 14:16

Go and get your daughter now! Please post and let us know she's back with you.

MakeMineAMilkyTea · 29/12/2025 14:17

Have a fabulous time with your daughter when you collect her. Tears here as I’m so pleased the judge was fair! Sending lots of hugs to you both!

OldiPhone · 29/12/2025 14:17

Just came across your thread OP and read your updates. Sitting here crying with relief for you and bowled over by what a fabulous parent you are.

I used to work in family law and am just so proud of you for how you have approached it all, putting your daughter's best interests first at every turn. This is rare and truly magnificent. Well done.

Have a wonderful time with your little girl. How lucky she is to have you as her Mummy.

PS please keep her passport safe x

MrsofClaus · 29/12/2025 14:23

@DontGoChasinWaterfalls what a fabulous update! You've been so level headed. I'm so sorry you've gone through this. How awful he's put dd through that too.

StealthMama · 29/12/2025 14:26

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

Bloody brilliant.

travelforthesoul · 29/12/2025 14:26

wow that is a huge rollercoaster of emotions that you have been on over Christmas. At least you will have your daughter home and hopefully your ridiculous ex gets a flea in his ear from the courts.

HazelBite · 29/12/2025 14:27

So pleased for you and your daughter

ScruffMuffin · 29/12/2025 14:28

Well done OP - you have been remarkably patient throughout the process, and have done everything correctly. This will always stand you in good stead. Enjoy your cuddles and special time with your DD.

Lemonyyy · 29/12/2025 14:30

OP my favourite thing about this thread is how obvious it is that every step you’ve taken you’ve done it with so much thought and consideration for how your daughter is feeling and with utmost care to minimise upset for her. You are a fantastic mum and I’m so glad you and your girl are going to be reunited today. I hope you have a wonderful evening together!

UsernameFail · 29/12/2025 14:31

Well done OP!! You are the most incredible mother and human to handle all of this like you have. I am in awe of your ability to stay in control whilst under immense stress.
You are the most wonderful role model.

i will be thinking of you at 4pm -hugging and holding your daughter tightly

❤️

fashionqueen0123 · 29/12/2025 14:33

DontGoChasinWaterfalls · 29/12/2025 14:13

SO relieved, and SO excited to see her. Can't wait for that first hug, the holiday club owners have told her I'm picking up so it's not a shock/surprise for her, but I anticipate tears from both of us later xxxx bought all her favourite foods and going to run a lovely bubble bath for her and open some presents :) don't want to overwhelm her straight away as she's probably quite confused about what is going on.

That’s great! You can start Christmas now!

I was also thinking the same as a poster above - make sure you have her passport safe somewhere x

Tdcp · 29/12/2025 14:33

I am so relieved and happy for you! You're an amazing woman and your daughter is so lucky to have you. Have a wonderful Christmas with her on her return to your loving arms xx

MyOtherProfile · 29/12/2025 14:35

Wonderful. Hoping for a smooth reunion and a lovely afternoon/ evening catching up.

thegrinchwasontosomething · 29/12/2025 14:36

@DontGoChasinWaterfalls i just came across this thread today and can I just say how impressive you’ve been in handling this.

I’ve had similar issues with my ex and I wish I had dealt with them as calmly as you have.

TeenLifeMum · 29/12/2025 14:38

Can you apply attempted parental alienation? This must be exhausting. Well done for digging in and keeping your dignity and calm. What an abusive arsehole he is.

Ellie56 · 29/12/2025 14:38

Your Ex is a disgusting, despicable abusive twat. How dare he treat your poor little girl like that?

You on the other hand are an incredible woman, a fantastic mum and an absolute superstar. One day your daughter will see that for herself. Enjoy your belated Christmas.

Mix56 · 29/12/2025 14:40

I have watched & waited all day. I am so relieved for you & DD.
Please turn your phone off when you get her home
May he rot in hell

HayceeDeeCee · 29/12/2025 14:41

What an incredible mum and role model for your daughter. X

NewYearFitQueen · 29/12/2025 14:42

Well what's the punishment for him then? Surely he's just gonna do this again ?

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