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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:
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5
Itsmetheflamingo · 29/12/2025 16:59

OP said she was picking her daughter up at 4, no need for an update really? They’re having their first evening back together!

PyongyangKipperbang · 29/12/2025 17:06

I am happy that OP got the result she wanted but I am concerned that he is going to go fucking loopy. I hope that she is extra careful with home security and calls the police at the first sign of trouble.

He is not going to take this well.

Ocelotfeet27 · 29/12/2025 17:08

Well done OP, what a dignified response to an utter twat. Hope you have an amazing evening with DD.

Livingthedream1978 · 29/12/2025 17:09

I am so happy to read your update! Enjoy every moment of celebrating with your DD.

Nineandahalf · 29/12/2025 17:11

You are an excellent mum.

reallyneedareset · 29/12/2025 17:13

I’m thrilled for you OP, I do feel a bit worried for you and your daughter’s safety though. Is he a violent or abusive type? He’s not going to take this laying down and I would worry he’ll take her and go missing with her next.

OnePearlHelper · 29/12/2025 17:13

You’re amazing, I hope you have a lovely evening together and going forward there is no further problems ❤️

HereforonedayonlytoavoidStrangerThingsspoilers · 29/12/2025 17:18

Hopefully by now she is safely with you and you are at home! Do update us later on when you are able to, or if you want to.

Your ex is such an idiot. You sound like such a reasonable person when it came to giving him access because it was what was best for your child and he blew it.

SantaHatCat · 29/12/2025 17:19

Really feel for you in all of this and your poor daughter too. What is the latest? Hope you are okay

CyclopsElf · 29/12/2025 17:21

I know you'll be back with a post full of love for your daughter but that it won't be for a while/till she's in bed because every minute you spend with her is precious.

I'm so pleased you got her back and the judge really understood everything that had happened and everything you had tried to do was in the best interests of your daughter ❤️

Summeriscumin · 29/12/2025 17:21

Wonderful news, OP.

PullTheBricksDown · 29/12/2025 17:23

Itsmetheflamingo · 29/12/2025 16:59

OP said she was picking her daughter up at 4, no need for an update really? They’re having their first evening back together!

🤞 just 'I've got her' from OP would make me feel relieved

SantaHatCat · 29/12/2025 17:27

So pleased you now have your daughter back safe and sound OP. Pleased too you had a reasonable judge and everything has been recorded against your ex accurately. Enjoy your precious time together now.

somanychristmaslights · 29/12/2025 17:27

Really pleased things have hopefully worked out for you op. I have no experience in this area and have been horrified that it can even happen. And there’s no consequences for him? The whole process if horrendous. Hope you’re having the best time with her now.

Glenthebattleostrich · 29/12/2025 17:28

Hope you have a wonderful evening with yoyr DD.

Ihatelittlefriendsusan · 29/12/2025 17:30

Been watching your post @DontGoChasinWaterfalls , really hope you have your girl back and that you get to have a belated Christmas!

Namechangerage · 29/12/2025 17:30

I hope all went ok at pick up OP 🤞

loopyloolou · 29/12/2025 17:31

I’m really hoping you are back with your little girl, well done for going through the process correctly, unfortunately people saying to go round the house or call police on bogus welfare matters, have not dealt with a custody battle. Enjoy your belated Christmas x

sussexman · 29/12/2025 17:33

So glad to see your updates. Enjoy your time!

EyeLevelStick · 29/12/2025 17:37

PullTheBricksDown · 29/12/2025 17:23

🤞 just 'I've got her' from OP would make me feel relieved

Yes but this really isn’t about you. It’s OP’s actual life.

I’m sure she’ll be back when her DD is tucked up in bed later.

ForeverPombear · 29/12/2025 17:39

EyeLevelStick · 29/12/2025 17:37

Yes but this really isn’t about you. It’s OP’s actual life.

I’m sure she’ll be back when her DD is tucked up in bed later.

Exactly this, the OP will update when she's good and ready but spending time with her daughter is far more important than updating people to make them feel better.

SpinningaCompass · 29/12/2025 17:43

Hope pick up went smoothly

You are amazing. Your ex is a massive twat of a human being and I hope karma catches up with him

burblish · 29/12/2025 17:44

Thank goodness your daughter has a parent who puts her interests first - serious kudos to you, OP, for managing to keep a cool head about you for her sake while your heart was shattering.

Woodfiresareamazing · 29/12/2025 17:45

I hope all went well with the pick up OP, and that you and DD are safe at home snuggled up with favourite foods and a Christmas movie xx

NameChange0101010101 · 29/12/2025 17:47

TheCorrsDidDreamsBetter · 20/12/2025 21:58

My understanding is that no statutory authority would advise a parent to breach a court order.

The NSPCC cannot authorise breaches of court orders, so he's just trying it on here.

He sounds like a first class manipulative abuser, I'm so sorry that this is happening, and he clearly does not have his daughters best interests at heart if he is alienating you as a parent and refusing to stick to the CAO.

The NSPCC cannot authorise a breach of a court order.

However, they and social services can and do tell parents that if they're worried about abuse they can 'exercise their parental responsibly' and keep the child, in defiance of any order.

No social worker is going to say to a parent apparently expressing concerns about possible abuse 'im sorry but you have to ignore your instincts and return the child to this person you believe to be abusive' because if God forbid something bad happened, that person advising you could be liable.

[We have had this with my husbands ex withholding their child and claiming social services told her to. My H and his child are extremely close, he is not an aggressive person at all. She has a variety of mental health problems and has let her out of control anxiety dictate her actions to the extent that she cannot bear to be apart from the child, using emotional reasoning (if she feels worried then that must mean there's something to worry about). We are waiting to sort it all out through court and the judge has indicated that she's about to be bollocked. ]

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