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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
sorrynotathome · 29/12/2025 15:16

Congratulations OP! I'm in awe of your strength and sanity. Hope you and your little girl have an amazing Christmas together xxx

Ilovethewild · 29/12/2025 15:17

Another voice to add, thank you so much for the fabulous update. You have done amazingly well, such super strength to put your child’s needs above all else.

tonight she needs connection again, well done and enjoy your evening together 🥰🎄

PodMom · 29/12/2025 15:19

Bless you, hope it goes smoothly,can’t you just pick her up early?

Canonlythinkofthisone · 29/12/2025 15:19

I've only read your posts OP and I am so excited for 4pm for you!! Please do keep us posted (even though you will just want to be with your DD).
You've shown yourself to be impeccably strong and child focused, and you should be so SO proud of yourself.
It's such a shame when parental conflict causes these issues with young DC, and it's awful that you're going to have to give her back to him at some point wondering if youre going to have to go through it all again.
I hope you have the biggest cuddles and the loveliest "Christmas" together. ❤️

FakeItUntilIMakeIt · 29/12/2025 15:22

Are you waiting until 4pm as that is when the order is enforceable?

millymollyminging · 29/12/2025 15:22

God I’m a hard hearted cow but this has me tearing up! You have been so incredibly strong , well done.

Nottogetapenny · 29/12/2025 15:23

You have been totally amazing op! We are all counting down the minutes till you are reunited with your dear daughter. 🌺😘

TidyDancer · 29/12/2025 15:24

I’m so pleased for you OP! I hope you have a lovely rest of the day once your DD is back with you!

LadyDanburysHat · 29/12/2025 15:24

I'm so pleased you got a sensible judge who can see through his abusive behaviour. Your poor child being used like this. Have a wonderful time with her back with you.

Imdunfer · 29/12/2025 15:25

You're an amazing mother, have a lovely "Christmas " with your daughter and your family.

PullTheBricksDown · 29/12/2025 15:29

PodMom · 29/12/2025 15:19

Bless you, hope it goes smoothly,can’t you just pick her up early?

I'd be sat outside in the car watching the clock tick down. OP may be too.

Silvers11 · 29/12/2025 15:30

PullTheBricksDown · 29/12/2025 15:29

I'd be sat outside in the car watching the clock tick down. OP may be too.

She is doing exactly that! She said so above

lobsterkiller · 29/12/2025 15:31

I only came across your thread today. I am so sorry for what you and your daughter have been through. You have shown so much courage and determination to get the right result for you both.

I hope you both have a lovely time back together and peace of mind for the new year.

PullTheBricksDown · 29/12/2025 15:31

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.

Missed this post but should've known you'd be ready OP. You rock.

Bollindger · 29/12/2025 15:31

Hope your both doing ok.

Buscake · 29/12/2025 15:31

OP you’re a force. Well done you. Well done for jumping through all the family court hoops, staying calm and centring your child when your whole body must have been screaming to just get her. You should be very proud of yourself and I am so pleased you have your girl back. Sending strength for any more shenanigans he starts up.

ByQuaintAzureWasp · 29/12/2025 15:32

Well done op. Strong, focussed, intelligent woman.

PullTheBricksDown · 29/12/2025 15:32

Silvers11 · 29/12/2025 15:30

She is doing exactly that! She said so above

My bad, had missed that post but have seen now! Should've known OP would be on it

JustAboutHangingInThere · 29/12/2025 15:48

Counting the minutes with you OP. Have the most wonderful time with your daughter. You’ve been magnificent 💪 such strength xx

supersop60 · 29/12/2025 15:49

Brava OP!
Happy Christmas to you and your daughter!

BandedSnail · 29/12/2025 15:49

10 minutes to go!

Enko · 29/12/2025 15:50

Thinking of you. Good luck

ForeverPombear · 29/12/2025 15:50

I've only just read this post and am so pleased that you're going to get your daughter back in just 10 mins time! You've done amazingly and handled it so well for your daughter. Your ex is an asshole.

SylviaDaisyPouncett · 29/12/2025 15:50

Not long to go now OP ❤️

ilovelamp82 · 29/12/2025 15:51

Would it not be better to jump in early to pick her up to avoid confrontation when he gets there to pick her up?

So happy you have it sorted though and hope you have the loveliest evening.

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