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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
Maryaliceyoungx · 29/12/2025 14:44

I recently came across @ jessrunsforsurvivors on instagram. I don’t need it my self but kept a note for anyone who might as she seems like a great resource for anyone going through anything similar

AlleycatMarie · 29/12/2025 14:44

Hi @DontGoChasinWaterfalls I have just read the entire thread and wanted to say how amazing you are. You’ve fought every urge to rush in and grab her because you have been able to put your DD first at every opportunity. I‘m so sorry you have missed out on Christmas together, but I know you will both be making up for that from today. I am a social worker and know that you have handled this whole situation in the best possible way. Sending you and your DD love.

JWD · 29/12/2025 14:44

sooo glad you get your little girl back today! You’ve been amazingly strong throughout. Much respect. Have a lovely Christmas now ❄️☃️🎄

Julesm81 · 29/12/2025 14:54

I’m sitting here crying reading your update op! So, so happy for you. You’ve handled this with grace and dignity. You ex is an abusive twat. I don’t have too much experience of family court (yet), but it sounds like you’re well versed and you knew what to do. I’m so happy justice was served, and I hope her so called father gets a consequence for this breach. Enjoy your belated Christmas with your lovely girl.

SylviaDaisyPouncett · 29/12/2025 14:56

OP I can’t believe what you’ve been through. I’m so glad you’ll have DD back tonight. My heart aches for you both. It’s nowhere near as serious as what your DH has done, but when I was about 9, I went to stay with my paternal grandparents for a week in the summer holidays. I am an only child and was very homesick. My GM knew that if I phoned DM I would ask to go home, so she stopped me phoning her. She kept me there for a week against my will, despite me being very distressed. It ruined my relationship with her for life. I can’t wait for your daughter to be old enough to make her own decisions about when and how long she sees her father for. You sound strong, competent and very balanced. Thank goodness your DD has you.

MaidOfSteel · 29/12/2025 14:59

I’m so very happy for you & your daughter, OP! I can only imagine how you are feeling. Wishing you both a wonderful evening together. 💐 x

Cherrysoup · 29/12/2025 14:59

I’m hoping the lack of post means the OP has her child back. She’s been unbelievably sensible and patient. I hope she and her dd have a fantastic second go at Christmas.

FFSToEverythingSince2020 · 29/12/2025 15:00

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.

Since I first read this, you and your daughter have been in my thoughts. Your ex did a truly evil thing, pulling this absolute horseshite over Christmas, but you’ve been just brilliant in your determination to get it sorted and get your daughter back in a method that upsets her as little as possible. Isn’t it awful that cunts so often act like cunts because they know we won’t sink to their level? He took your daughter because he knew you would have your hands tied by trying to be a good parent and not upset her; what utter scum this man is. I do try not to ask for updates, as everyone is allowed to stop contributing to a thread whenever they want, but would love to get an update when DD is safely back with you and settled; poor bairn must have missed you terribly, and be so, so confused. Only an hour now, @DontGoChasinWaterfalls !

LakieLady · 29/12/2025 15:00

I am in awe of your restraint and dignity OP, you have been amazing. You must have been going through hell emotionally and keeping it together must have been such a challenge.

So glad you got the right outcome in the end and thrilled that you and your DD will finally get the time together that you deserve.

DontGoChasinWaterfalls · 29/12/2025 15:02

Hehe lack of posts just meant I was driving to holiday club. I'm an hour early and waiting directly outside in the car park for 4pm! Got a printed copy of the order in hand and message saved in drafts to send to him as soon as DD is safely back.

OP posts:
Starbursthack · 29/12/2025 15:04

I think she'd be more than happy to go an hour earlier, just to ensure there aren't any issues! Honestly just go get her now.

Then maybe treat tonight like it's Christmas Eve. Do everything Christmas Evey. Hang up stockings, get up early tomorrow morning and have your Christmas day.

I'm delighted for you.

TidyCyan · 29/12/2025 15:04

I'd go in now! She will be clock watching.

katmarie · 29/12/2025 15:05

OP, you have an inner strength which leaves me in awe. You have done everything so carefully, and so by the book, with your daughter's needs front and centre. Not only have you shown your daughter a model of strength and child centred parenting, you have now set yourself and her up so that if he pulls this shit again, you can throw the book at him.

I'm thrilled that you're getting her back, and frankly, your ex deserves to have his arse handed to him by the judge. I hope he learns his lesson and never tries this again. But I know that if he does, you will be so ready for him. Have a wonderful late Christmas, you absolutely deserve a lovely time with your DD.

DontGoChasinWaterfalls · 29/12/2025 15:06

Also sitting here tearing up reading such lovely comments from strangers on the Internet! This thread has been an amazing support xxx

OP posts:
GenerousGardener · 29/12/2025 15:06

I’m so happy for you both. X

BigJanette · 29/12/2025 15:07

Dear @DontGoChasinWaterfalls
This is the most heart breaking then heart warming thread I've ever read on MN.
Well done you.
I've got a lump in my throat from reading about you taking strength from the 20 minutes you spent with your DD last week.
I wish you both a very Happy Christmas 🎄 🎁 💝 today!

Redwinedaze · 29/12/2025 15:08

Enjoy your Christmas Day together, I hope it’s a lovely one!

Will you be safe when he realises? X

Moretwirlsandswirls · 29/12/2025 15:08

You are formidable @DontGoChasinWaterfalls have a lovely time with your little girl.

disturbia · 29/12/2025 15:09

So pleased to hear this good news. It is horrendous how some fathers use their children to perpetrate more coercive controlling behaviour against mothers post- separation....

FuckoffeeBeforeCoffee · 29/12/2025 15:09

I’ve been following from the beginning. So pleased for you, OP.

SweetMotherofAbrahamLincoln · 29/12/2025 15:10

So happy for you, soak up every inch of her and have a wonderful belated Christmas x

Looloolullabelle · 29/12/2025 15:10

Just seeing this thread for the first time.
Op you are amazing. so glad you got the order sorted so quickly. Sorry you missed Christmas with DD but hopefully you can have a belated magical celebration.

Youre a better person than me though, I’d be in there now taking her home me as I’d be fearful he’d get there first.

Looking forward to your update saying she’s back with you.

TeideHeart · 29/12/2025 15:11

I'm worried he'll turn up before you've left with her. But I'm sure you've thought of that and are picking her up early. 😊

EyeLevelStick · 29/12/2025 15:12

TidyCyan · 29/12/2025 15:04

I'd go in now! She will be clock watching.

Me too, but that would be the wrong thing to do.

OP is following the rules to the letter so her exH doesn’t have any ammunition to use against her later.

Menapausemum1974 · 29/12/2025 15:13

DontGoChasinWaterfalls · 29/12/2025 15:06

Also sitting here tearing up reading such lovely comments from strangers on the Internet! This thread has been an amazing support xxx

@DontGoChasinWaterfalls why do you need to wait until 4?