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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
Changingnameagain · 29/12/2025 17:50

What an incredibly strong woman and amazing mum you are OP. Wishing you and your DD a beautiful Christmas time together even though it has been delayed by your selfish, POS ex's behaviour. So much respect to you for the way youve dealt with such a gut wrenching and stressful experience.

GreenGodiva · 29/12/2025 17:50

You are a marvel op, you have been so strong and brave and I hope you and your dd have a lovely few days together with your belated Christmas celebrations.

WetWashingWoes · 29/12/2025 17:52

Wow. What a mother!! That is some strength and clarity you’ve shown.

I hope your ex gives up and crawls under a rock.

BG2015 · 29/12/2025 17:53

AhBiscuits · 29/12/2025 16:35

Imagine breaching the court order so you get her for Christmas just to stick her in holiday club half the time.

I thought that too. What an idiot.

JohnofWessex · 29/12/2025 17:55

Whatever happened with my ex wife I made very sure that nothing happened to cast me as unreasonable.

By contrast she left a well documented trail of devastation that left my wife and her family decidedly under impressed

MotherofPufflings · 29/12/2025 17:57

Happy belated Christmas @DontGoChasinWaterfalls Hope you and your little daughter are having a wonderful evening together

SquashedChoc · 29/12/2025 17:57

You are amazing OP. Dignified in the face of heartbreak. Everything you have done is with your daughter’s welfare in mind. When she’s older she will see this and know this. And possibly never want to see her dad again. Until then I hope your love can protect her from further emotional damage. Happy new year to you xxxx

IAmAHomewardBounder · 29/12/2025 18:01

Have a great reloaded Christmas OP. You are solid as a rock! Well done for keeping your powder dry and getting it sorted through the courts.

tsmainsqueeze · 29/12/2025 18:03

I have followed your thread and i am so very happy for you today , enjoy your Christmas !
Thank God there are some sensible people in the court system.
Your little girl will understand in time what you have done for her and will see her father for what he is.
Hopefully in the meantime he will get hit and wiped out by a comet or lightning or suchlike if there is any justice in the universe !
Have a wonderful evening together you are an amazing mother 💐

Sasha07 · 29/12/2025 18:03

You absolutely amazing woman. I've only just came across this thread but it's made me so proud of a you, a complete stranger to me. Your little one knows who is on her side and who loves the very bones of her. Despite the shit her dad is creating for you both, she'll remember mama coming through for her ♥️

ShawnaMacallister · 29/12/2025 18:04

NameChange0101010101 · 29/12/2025 17:47

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. ]

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.

Not quite right. A social worker shouldn't advise a parent to breach a court order unless they have some evidence (a disclosure from the child, a sign of injury) that warrants reporting to police and a child protection investigation. Social workers can't advise parents to ignore court orders based on instincts.

Iamnotalemming · 29/12/2025 18:06

Merry Christmas!

PyongyangKipperbang · 29/12/2025 18:06

BG2015 · 29/12/2025 17:53

I thought that too. What an idiot.

But this was never about making sure he could have his child for Xmas. It was to make sure that the OP couldnt see their child at Xmas. He cannot abuse the OP in person anymore, and the judges have seen that he can't use the courts to do it either (I am guessing he has been declared a vexatious litigant) so the only weapon left is the child.

With people like this their hatred for their ex far outweighs any love they have for their child. In fact most of them dont really love their child at all, as they dont know what real love is. This is evidenced by the fact that if they did love their child they wouldnt put them through this eternal tug of war, causing the child pain and confusion. They wouldnt be determined to get control out of the hands of their ex, they have a pathological need to be the winner, the one in charge.

This is why I am genuinely concerned for the OP's well being once he realises that his "clever" plan has not worked. This is the other thing about people like him, they really do think that the rules dont apply to them and if they do apply to them then they shouldnt, so its ok for him to ignore them.

PullTheBricksDown · 29/12/2025 18:11

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.

Yes I know. I was sharing a feeling I imagine many others reading the thread have. Notice I didn't address the OP. I've known things go wrong at the eleventh hour too. But thanks for the drive by scolding @EyeLevelStick and @ForeverPombear ! Have a lovely evening 😃

Itsmetheflamingo · 29/12/2025 18:15

PullTheBricksDown · 29/12/2025 18:11

Yes I know. I was sharing a feeling I imagine many others reading the thread have. Notice I didn't address the OP. I've known things go wrong at the eleventh hour too. But thanks for the drive by scolding @EyeLevelStick and @ForeverPombear ! Have a lovely evening 😃

I don’t think it’s scalding, it’s a bit drama llama to think there is a serious problem because OP didn’t break their time with their daughter to do a quick post.

people always assume the worst if they don’t get updates but it’ll be fine. OP knows him and has her head firmly screwed on

we couldnt do anything even if it wasn’t ok

MrsDoomesPattersen · 29/12/2025 18:17

I wanted to know also but wouldn’t dream of asking - I couldn’t imagine any scenario where she wouldn’t be fully focussed on daughter and rightly so

once she has her daughter she will want to be with her - she might not even come back to update

Xmasxrackers · 29/12/2025 18:19

What a bloody woman you are! Absolutely crying my eyes out, in pain for you both and just sheer relief you finally have her home and safe! You are such a force to be reckoned with. She is so lucky to have such an incredible mother. Xx

TeideHeart · 29/12/2025 18:19

Itsmetheflamingo · 29/12/2025 18:15

I don’t think it’s scalding, it’s a bit drama llama to think there is a serious problem because OP didn’t break their time with their daughter to do a quick post.

people always assume the worst if they don’t get updates but it’ll be fine. OP knows him and has her head firmly screwed on

we couldnt do anything even if it wasn’t ok

I think it's reasonable to wonder if the OP managed to get her daughter without the ex turning up, making a scene and trying to take her away, and even a thumbs up would say everything's okay.

However, no news is good news as far as I'm concerned. I'm sure if the worst had happened OP would have said.

TheCorrsDidDreamsBetter · 29/12/2025 18:21

We need to be respectful that the OP and her daughter will be feeling fraught if the OP has managed to collect her, because XH might decide to ramp things up even if he hasn't yet, and that sort of apprehension of behaviour can make you feel extremely emotionally unsafe.

I would expect that the OP and her daughter are trying to be happily in their own little bubble for at least tonight, even if things are feeling fragile so we should be understanding if she doesn't come back to update us either tonight, or at all.

StealthMama · 29/12/2025 18:22

TeideHeart · 29/12/2025 18:19

I think it's reasonable to wonder if the OP managed to get her daughter without the ex turning up, making a scene and trying to take her away, and even a thumbs up would say everything's okay.

However, no news is good news as far as I'm concerned. I'm sure if the worst had happened OP would have said.

The OP doesn’t owe any updates to anyone. No matter how invested you are.

Tuesdayschild50 · 29/12/2025 18:24

So sorry you are being put through this pain .
As hard as it is you are doing the right thing in staying calm and keeping this away from your daughter.
I'm sending you a big hug words won't make you feel much better but maybe you won't feel so alone.
Keep going you will find your way x

JohnofWessex · 29/12/2025 18:25

Whatever happened the ExH has well and truly shot himself in the foot

OrangeITellYou · 29/12/2025 18:26

@DontGoChasinWaterfalls you are such an amazing strong mother, your dd will always know this I promise

Holdonforsummer · 29/12/2025 18:26

Good luck OP and enjoy your time. And keep fighting

TeideHeart · 29/12/2025 18:29

StealthMama · 29/12/2025 18:22

The OP doesn’t owe any updates to anyone. No matter how invested you are.

Where did I say she owed us an update?

I said it was reasonable to wonder if everything went okay.

If I were her, I'd probably ask for the thread to be deleted.

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