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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
Changes26 · 29/12/2025 18:30

Just catching up on this and I echo everyone’s sentiments about what an amazing mum you are; and in the face of such a difficult situation with the literal devil. I hope you enjoy your Christmas with your DD and that the new year brings you both peace. 💐

Cat1504 · 29/12/2025 18:33

You are an amazing mum OP 💐

buckleberryferry · 29/12/2025 18:35

Oh just caught up on this. Fantastic news. You composed yourself with such strength and dignity. Such a fantastic example to your daughter. Have a lush time together x

FamingolosForDays · 29/12/2025 18:43

Hoping you are having a lovely evening with your DD OP.

Tuesdayschild50 · 29/12/2025 18:44

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
Just adding to this as I've read your update I'm so happy for you that you are now waiting to collect your little girl .. I can't tell you how happy this makes me my family went through family courts and I understand the stress and loneliness you feel at these times.
Proud of you for doing things the right way and in the best interests of your daughter unlike her father who is basically emotionally abusing his daughter by his actions .
Hugs to you xx

PurpleReindeer2 · 29/12/2025 18:46

So pleased for you OP. You are a wonderful mum. 🥰

catlover123456789 · 29/12/2025 18:50

Just seen this thread and it's updates. Well done for being the bigger person in this. Please update and let us know you got her back?!

tiddlerfan · 29/12/2025 18:54

This is one of the hardest threads I have read, and also the bravest. What a selfless, considerate and level-headed mother you are OP. I had tears in my eyes reading your update from court.
Please do update us with how wonderful your reunion was, and also if you are able to, any further updates in the future. I know of many mothers in your situation and I think your story so far is one of justice and fairness, it’s really heartening to hear that the system was as swift as possible given the circumstances. I’m sure this will give hope to many out there!

Delf1 · 29/12/2025 19:01

I was in a similar sounding situation for 10 years. The kids have now grown up. Looking back I wish I had been able to stay calmer and focused on them instead of getting caught up in the conflict and games. Well done to you for centring your daughter. Your grounding and solidness will be so important to her surviving the dysfunction and games. You are being a parent she can trust. Without that a child can feel really isolated, holding the tension between her parents. I’m so proud of you being the parent she needs xx

pouletvous · 29/12/2025 19:02

I hope you have your baby safely back home with you OP. Have a lovely time together x

DontGoChasinWaterfalls · 29/12/2025 19:05

Hi all - Gosh a significant update today.
Those of you who anticipated he may get there before me were totally right, I am SO glad I got there before him. The Court obviously sent him a copy of the order too. He arrived about 25 minutes after me, literally left his van running and tried to attempt to run in but the gate was shut. I got out my car to try and get to the gate, he pushed me, got up in my face, made threats to kill and told me to watch my back, he hit me on my arm and knocked my phone out of my hand. He attempted to take DD out of the holiday club despite the enforcement action. I called Police to assist me to execute the handover. They have recorded the incident as common assault (I haven't pushed for prosecution yet owing to trauma from the last set of proceedings) The holiday club staff were caught in the middle and made it clear to him they could not refuse release to me as they saw the Court order and they were satisfied with the validity. He got extremely aggressive trying to raise allegations that were previously adjudicated at the final hearing, he claimed he had NO knowledge of the Court hearing despite confirming service and acknowledging the hearing existed. He became aggressive to Police and was threatened with arrest if he continued or if he escalated further this evening. I left about an hour and half later with DD and he was asked to stay there.
I have taken advice from a Solicitor friend and submitted an urgent c100 application to stay the order and ask for protective directions for contact as it is apparent he has every intention to withhold again by his actions this evening. I would hope we get an emergency hearing ahead of the next handover. The Police asked DD if she was ok and she expressed she wanted to go with me and not him. That first cuddle was amazing but I do feel sad this happened. This is life now with him. He's so deluded, he believes his own lies and I don't actually know what else he's capable of. One thing was reassuring, the Police definitely believed he was the perpetrator, they said even if I don't pursue prosecution, they will still record as a common assault.

Meanwhile - DD is THRILLED to be home :) she's already attacked a mountain of presents, had her favourite dinner, had cuddles with her pets and bounced up and down on our bed (still co-sleeps with me) she told me as soon as she got in the car she cannot wait till she's older and she gets to decide where she stays. I just told her lets enjoy being little for now and as long as you live with me, we'll have happy memories and mummy will sort out the rest.

Been a hugely draining day xx

OP posts:
incognitomummy · 29/12/2025 19:05

Hey OP
Trust you picked up DD and got home to a lovely evening.

well done for staying focused.
just wanted to message as I’ve been following this thread since you started it!
belated Merry Christmas and Happy New Year.

kinkyviakal · 29/12/2025 19:05

Can I nominate this thread for classics @mnhq?

Honestly it is a masterclass in what to do when faced with such an emotional and terrible situation, and is Mumsnet at its finest, supporting women ❤️

ComedyGuns · 29/12/2025 19:06

Delf1 · 29/12/2025 19:01

I was in a similar sounding situation for 10 years. The kids have now grown up. Looking back I wish I had been able to stay calmer and focused on them instead of getting caught up in the conflict and games. Well done to you for centring your daughter. Your grounding and solidness will be so important to her surviving the dysfunction and games. You are being a parent she can trust. Without that a child can feel really isolated, holding the tension between her parents. I’m so proud of you being the parent she needs xx

This!! You sound like such an amazing mum!!

Have a really lovely time this evening with bubbles, cuddles and presents under your tree!

PositiveCat · 29/12/2025 19:11

@DontGoChasinWaterfalls i’m so glad the police came. He is completely out of control! Really the court needs to order supervised contact, he’s going to kidnap her otherwise.

Lots of love to you and your daughter 💐

NameChange0101010101 · 29/12/2025 19:13

This reply has been withdrawn

This message has been withdrawn at the poster's request

StealthMama · 29/12/2025 19:13

Jesus OP. He is hanging himself here. What a scene, it must have been scary. I’m glad you’re home and safe.

Waterbaby41 · 29/12/2025 19:13

So glad you have your daughter safe home with you. What a scary day, don't hesitate to prosecute, he is dangerously out of control. Stay safe and happy!

AutumnAllTheWay · 29/12/2025 19:13

Enjoy every moment, you fabulous bloody woman

TheIrritatingGentleman · 29/12/2025 19:13

DontGoChasinWaterfalls · 29/12/2025 19:05

Hi all - Gosh a significant update today.
Those of you who anticipated he may get there before me were totally right, I am SO glad I got there before him. The Court obviously sent him a copy of the order too. He arrived about 25 minutes after me, literally left his van running and tried to attempt to run in but the gate was shut. I got out my car to try and get to the gate, he pushed me, got up in my face, made threats to kill and told me to watch my back, he hit me on my arm and knocked my phone out of my hand. He attempted to take DD out of the holiday club despite the enforcement action. I called Police to assist me to execute the handover. They have recorded the incident as common assault (I haven't pushed for prosecution yet owing to trauma from the last set of proceedings) The holiday club staff were caught in the middle and made it clear to him they could not refuse release to me as they saw the Court order and they were satisfied with the validity. He got extremely aggressive trying to raise allegations that were previously adjudicated at the final hearing, he claimed he had NO knowledge of the Court hearing despite confirming service and acknowledging the hearing existed. He became aggressive to Police and was threatened with arrest if he continued or if he escalated further this evening. I left about an hour and half later with DD and he was asked to stay there.
I have taken advice from a Solicitor friend and submitted an urgent c100 application to stay the order and ask for protective directions for contact as it is apparent he has every intention to withhold again by his actions this evening. I would hope we get an emergency hearing ahead of the next handover. The Police asked DD if she was ok and she expressed she wanted to go with me and not him. That first cuddle was amazing but I do feel sad this happened. This is life now with him. He's so deluded, he believes his own lies and I don't actually know what else he's capable of. One thing was reassuring, the Police definitely believed he was the perpetrator, they said even if I don't pursue prosecution, they will still record as a common assault.

Meanwhile - DD is THRILLED to be home :) she's already attacked a mountain of presents, had her favourite dinner, had cuddles with her pets and bounced up and down on our bed (still co-sleeps with me) she told me as soon as she got in the car she cannot wait till she's older and she gets to decide where she stays. I just told her lets enjoy being little for now and as long as you live with me, we'll have happy memories and mummy will sort out the rest.

Been a hugely draining day xx

Oh my goodness! I will never understand how people like him can have equal time when they are NOT child focused. Being physical with his DDs mum (or anyone) while she is in the vicinity?!

Having said that, I am sooo happy for you and your DD now that you are together ❤You've been absolutely amazing throughout and an amazing Mum xx

(ETA please prosecute)

ScruffMuffin · 29/12/2025 19:13

OMG what a terrifying update! I hope you get an emergency hearing, as he should have supervised/ less/ no contact after that! You're amazing to have kept your cool and done everything by the book. Enjoy your DD and your Christmas. x

Xmasxrackers · 29/12/2025 19:14

Oh Gosh OP, what a traumatic event for you. Is there any way to ask for supervised access for him after he assaulted you and threatened to kill you? He sounds terrifying and absolutely mad! Xx

washingfrenzy · 29/12/2025 19:15

Oh OP. What an afternoon. It will take time to recover form his behaviour this afternoon but you have been amazing. Glad the police were called. I hope your daughter is ok.

Ginandtonicgirl · 29/12/2025 19:15

DontGoChasinWaterfalls · 29/12/2025 19:05

Hi all - Gosh a significant update today.
Those of you who anticipated he may get there before me were totally right, I am SO glad I got there before him. The Court obviously sent him a copy of the order too. He arrived about 25 minutes after me, literally left his van running and tried to attempt to run in but the gate was shut. I got out my car to try and get to the gate, he pushed me, got up in my face, made threats to kill and told me to watch my back, he hit me on my arm and knocked my phone out of my hand. He attempted to take DD out of the holiday club despite the enforcement action. I called Police to assist me to execute the handover. They have recorded the incident as common assault (I haven't pushed for prosecution yet owing to trauma from the last set of proceedings) The holiday club staff were caught in the middle and made it clear to him they could not refuse release to me as they saw the Court order and they were satisfied with the validity. He got extremely aggressive trying to raise allegations that were previously adjudicated at the final hearing, he claimed he had NO knowledge of the Court hearing despite confirming service and acknowledging the hearing existed. He became aggressive to Police and was threatened with arrest if he continued or if he escalated further this evening. I left about an hour and half later with DD and he was asked to stay there.
I have taken advice from a Solicitor friend and submitted an urgent c100 application to stay the order and ask for protective directions for contact as it is apparent he has every intention to withhold again by his actions this evening. I would hope we get an emergency hearing ahead of the next handover. The Police asked DD if she was ok and she expressed she wanted to go with me and not him. That first cuddle was amazing but I do feel sad this happened. This is life now with him. He's so deluded, he believes his own lies and I don't actually know what else he's capable of. One thing was reassuring, the Police definitely believed he was the perpetrator, they said even if I don't pursue prosecution, they will still record as a common assault.

Meanwhile - DD is THRILLED to be home :) she's already attacked a mountain of presents, had her favourite dinner, had cuddles with her pets and bounced up and down on our bed (still co-sleeps with me) she told me as soon as she got in the car she cannot wait till she's older and she gets to decide where she stays. I just told her lets enjoy being little for now and as long as you live with me, we'll have happy memories and mummy will sort out the rest.

Been a hugely draining day xx

Great update op,
Please go ahead with the police and pursue prosecution.
Also update social services, just because the worker is off doesn't mean they shouldn't be involved, everything needs to be recorded and you want ss on your side.
Contact women's aid for support

washingfrenzy · 29/12/2025 19:16

Just for your safety, is it ok to keep posting OP? We are all behind you but please protect yourself and delete this if needed especially after this afternoon.

Swipe left for the next trending thread