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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
StealthMama · 21/12/2025 03:50

I think you’re doing the right thing OP. Remember he wants you to cause a scene, he wants you to act in a way that gives him some sort of evidence of ‘your behaviour’. He is at risk of loosing contact arrangements if he can’t comply.

he is using her to hurt you. He knows it hurts you. He has specifically done this at Christmas to cause you the post pain. As hard as it is, you've got to see this through the court system.

is ex with a new partner or do you have any contact with the rest of his family?

bananatree999 · 21/12/2025 05:22

Nothing useful really to add, but the NSPCC have in the past advised me to retain my stepchild, as have my legal time, should something else happen. In our case, my step child’s mum has previously been arrested for neglect and had her children removed etc, so it might be a bit different as her abuse is documented. Sending you all the best!

CloudPop · 21/12/2025 05:26

@DontGoChasinWaterfallsmy heart breaks for you. This is all so very wrong. Please stay strong and I hope with every fibre that this is resolved shortly. How utterly cruel he is to put you through this.

ThereAreOnlyShadesOfGrey · 21/12/2025 05:30

For people advising the OP to go and get her, it’s important to remember that this was on the verge of residency being transferred to him, so although there is now a court order, op is could push things in his favour by taking matters into her hands.

andfinallyhereweare · 21/12/2025 05:54

So what if it causes a scene go and get her ffs

PodMom · 21/12/2025 07:15

So sorry to hear this. I’d always assumed that the police would enforce a court order. I hope you manage to get some resolution via the courts tomorrow. When you say he tried to get your Dd to lie about you causing bruises, surely this is an example of him trying to do parental alienation against you? Which the courts come down very heavily on, could it not be proved?

Anonanonanonagain · 21/12/2025 07:17

andfinallyhereweare · 21/12/2025 05:54

So what if it causes a scene go and get her ffs

The psycho had her arrested before, he has already started the smear campaign. The op is doing the right thing hard as it is to fathom for some. If you have never come across a monster like this man then just find yourself lucky.

constantnc · 21/12/2025 07:23

This happened to me a few years ago. I returned to court and they were returned, however it took weeks not days.
You are right not to involve the police unless you have an enforcement section already on the order...and of course right not to turn up there - risk if emotional harm and he could report you to SS.
Hes a Tw*t...hope the court is quick. Do go there as PP have said and chase an emergency court date.

IidentifyastheGrinch · 21/12/2025 07:24

I am so so sorry

My ex did this to me one Christmas time. It was just part of his post-.separation abuse. My children are older now and they see all his flaws and struggle to even like him.

I will be thinking of you Flowers

IidentifyastheGrinch · 21/12/2025 07:24

andfinallyhereweare · 21/12/2025 05:54

So what if it causes a scene go and get her ffs

You clearly have no idea what you are talking about

Owly11 · 21/12/2025 07:30

DontGoChasinWaterfalls · 19/12/2025 23:44

I did ask for a welfare check but the Police didn't consider emotional harm enough.

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.

Tpu · 21/12/2025 07:31

DontGoChasinWaterfalls · 20/12/2025 23:33

As much as I want to turn up to his house, barge in and get DD, what will it achieve.. a scene for DD..

I cannot go there and create a false welfare concern just to get the police there.. yes I am worried about her and have told the police that but they simply won't turn up for a welfare check. I've asked and asked and asked..

But you do have a concern. He will have told her that Mummy called and doesn’t to spend Christmas with her.

She is being emotionally harmed, and you don’t know whether he will physically harm her. You don’t even know where she is.

MotherofPufflings · 21/12/2025 07:44

I'm so sorry that you're going through this. I think you're acting in an incredibly emotionally mature and wise way. I am incensed on your behalf that he is being enabled to perpetuate his abuse of both you and your daughter and I hope that in the end this will be acknowledged in future contact arrangements.

I hope you do manage to get her back for Christmas, but if not then maybe you can have a "second Christmas" with her in the new year ❤️

ShawnaMacallister · 21/12/2025 08:04

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.

Yes they absolutely can, and legally the child hasn't been kidnapped, enforcement of a contact order is a civil matter not a criminal one, police have no jurisdiction unless there is a good reason to believe he has harmed her and no, emotional harm would not count in this instance.

ShawnaMacallister · 21/12/2025 08:04

Tpu · 21/12/2025 07:31

But you do have a concern. He will have told her that Mummy called and doesn’t to spend Christmas with her.

She is being emotionally harmed, and you don’t know whether he will physically harm her. You don’t even know where she is.

This is not a criminal offence and the police would not attend for this.
Please note the courts have already determined that he has 50/50 care after many years of involvement so to randomly suggest that he would physically harm her with no evidence would make OP look unhinged in the court's eyes and backfire badly. That is her abusive ex's MO, which for some reason isn't being identified by the court as abusive, whereas I assure you that if OP started trying it it would be. I say 'for some reason' but the reason of course is misogyny.

DontGoChasinWaterfalls · 21/12/2025 08:06

I'm going to the court on Monday first thing. I've emailed it all through and marked it as very urgent. I since found out yesterday the police pretty much straight away filed both of his reports as NFA so he literally has no reason to be withholding her at all. I think the courts do deal with urgent matters quickly. In the summer I submitted a specific issue order. I filed it on a Friday by Monday lunchtime it was processed and a judge had listed it for a hearing by the Wednesday..that was less urgent than this.
It's not the best idea to go to his house. Please believe as much as I want to and my heart is breaking that DD isn't at home and able to go to all the Christmas plans I've made for her.. but there is also a suspended transfer of residence clause on our court order so I have to just go via the Court route and do things properly as painful as it is.

OP posts:
Needapadlockonmyfridge · 21/12/2025 09:06

Good luck, OP. It sounds an incredibly difficult and stressful situation.

Pandorea · 21/12/2025 09:15

You’ve done the right thing in making an urgent application. Am a family solicitor. I’d be considering saying to the court that he is mounting a campaign of alienation and false allegations and seeing if - as well as immediate return - you can get the order varied and asking whether the court would join your child as a party so that she gets a guardian and is represented.

IidentifyastheGrinch · 21/12/2025 09:41

DontGoChasinWaterfalls · 21/12/2025 08:06

I'm going to the court on Monday first thing. I've emailed it all through and marked it as very urgent. I since found out yesterday the police pretty much straight away filed both of his reports as NFA so he literally has no reason to be withholding her at all. I think the courts do deal with urgent matters quickly. In the summer I submitted a specific issue order. I filed it on a Friday by Monday lunchtime it was processed and a judge had listed it for a hearing by the Wednesday..that was less urgent than this.
It's not the best idea to go to his house. Please believe as much as I want to and my heart is breaking that DD isn't at home and able to go to all the Christmas plans I've made for her.. but there is also a suspended transfer of residence clause on our court order so I have to just go via the Court route and do things properly as painful as it is.

I totally get how your heart must want to go there but your brain knows you must not.

Ignore the people who haven't lived through this Flowers

Pumpkindoodles · 21/12/2025 09:49

You need to speak to someone about parental alienation and harassment from repeated false claims.
I know you’re saying you don’t want to collect your dd and cause her distress but what do you think he’s telling her about why she’s not with you.
he is already trying to convince her that you hurt her, she is already being distressed and confused and now from her perspective you have not taken her back and are not fighting for her. Obviously I know you are but she won’t be seeing any of that. I think that can be just as damaging. I’m not really sure what the right thing to do is and this is so difficult I’m sorry you’re both experiencing this. I hope you’re able to get this sorted tomorrow, good luck.

Holdonforsummer · 21/12/2025 09:58

Good luck tomorrow, I’ll be thinking of you.

Brainstorm23 · 21/12/2025 10:14

I have no advice but just wanted to say you're amazing OP. Sending best wishes.

ShawnaMacallister · 21/12/2025 10:17

Pumpkindoodles · 21/12/2025 09:49

You need to speak to someone about parental alienation and harassment from repeated false claims.
I know you’re saying you don’t want to collect your dd and cause her distress but what do you think he’s telling her about why she’s not with you.
he is already trying to convince her that you hurt her, she is already being distressed and confused and now from her perspective you have not taken her back and are not fighting for her. Obviously I know you are but she won’t be seeing any of that. I think that can be just as damaging. I’m not really sure what the right thing to do is and this is so difficult I’m sorry you’re both experiencing this. I hope you’re able to get this sorted tomorrow, good luck.

How does it help OP to pile on the guilt about how her DD is feeling? After 5 years in family court OP will be an expert sadly and it sounds to me like she's very well versed in how it works. I'm sure she's feeling absolutely dreadful but the court has heard everything there is to hear about this man's shenanigans and as there is an order barring any applications to vary contact (for both parties or just him?) this has to be done properly.

DontGoChasinWaterfalls · 21/12/2025 16:49

I hope the court move quickly on Monday. This is awful.

OP posts:
MrsDoomesPattersen · 21/12/2025 18:01

DontGoChasinWaterfalls · 21/12/2025 16:49

I hope the court move quickly on Monday. This is awful.

You sound like your remaining very calm even though you are hurting

amazing parent thinking about the impact on DD and not wanting a scene for her is very loving

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