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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
Exhaustedbird1 · 29/12/2025 19:16

If you beleive that your daughters welfare is at risk, either physical or emotional then if you contact the police and say you are concerned he may cause her harm, they are obliged to do something regardless of his PR.

Happyjoe · 29/12/2025 19:17

God, what a scary day. Am so sorry for you guys, your ex is just... mad.

Please do consider pushing for common assault. I fear that if he keeps getting away with this type of behaviour that it will just keep happening. It's also something for your court files if ever should need it.

Take care OP, what a relief your daughter is back home with you.

Laura95167 · 29/12/2025 19:18

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

So happy shes home. I know its a long road but youre doing so well, exactly the type of parent a child needs. Shes so lucky youve been so calm and focused. X

TheHillIsMine · 29/12/2025 19:19

BG2015 · 29/12/2025 17:53

I thought that too. What an idiot.

His plan is to piss off the ex

ChocolateCinderToffee · 29/12/2025 19:19

So relieved to hear from you, OP. I think a lot of us were assuming (rightly) he'd kicked off and caused more trouble. He's only digging himself into a deeper hole. So very glad you've got your daughter back home now.

justasking111 · 29/12/2025 19:20

Lock up your home tight tonight and keep your phone on you at all times.

My neighbour wouldn't press charges against her husband. The police urged her to every time they were called out. He had to put her in hospital before the decision was taken out of her hands.

Get some good advice he's very angry now and unhinged if he's squaring up to the police.

MrsDoomesPattersen · 29/12/2025 19:22

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 ❤️

I wouldnt

this is a sensitive thread

OP might not need that

ShawnaMacallister · 29/12/2025 19:23

Exhaustedbird1 · 29/12/2025 19:16

If you beleive that your daughters welfare is at risk, either physical or emotional then if you contact the police and say you are concerned he may cause her harm, they are obliged to do something regardless of his PR.

Goodness me read the thread before commenting!!

ShawnaMacallister · 29/12/2025 19:24

Well, I imagine that was highly traumatising for you both but I'm glad he's done it now and in such an obvious and public way. Please, please pursue police action. You need the evidence.

MrsDoomesPattersen · 29/12/2025 19:24

So sorry OP for what you’ve been put through today - how dare he assault you

you probably know this already but have your phone on record whenever you encounter him - even if it’s in your hand by your side it will pick up audio

I hope you can do something - totally understand why right now you don’t want the emotional turmoil of prosecution

thegrinchwasontosomething · 29/12/2025 19:24

@DontGoChasinWaterfalls so glad to hear you got your daughter back.

please be careful with this man. It is important that you report this assault. It is also important that you make police aware of his threat to kill you. It helps build a picture of the kind of man he is.

Imdunfer · 29/12/2025 19:25

I am truly in awe of your strength, your child has a wonderful mother, more than enough to make up for her shit father.

PullTheBricksDown · 29/12/2025 19:25

ChocolateCinderToffee · 29/12/2025 19:19

So relieved to hear from you, OP. I think a lot of us were assuming (rightly) he'd kicked off and caused more trouble. He's only digging himself into a deeper hole. So very glad you've got your daughter back home now.

Yes, this was pretty much what I was worried about happening. So relieved you and your daughter are together and safe. Prosecute him. He will keep causing trouble until the law literally stops him.

DontGoChasinWaterfalls · 29/12/2025 19:27

Police are going to make a referral to Social Care, tbh I genuinely feel he is experiencing some mental decline, it was genuinely scary. I was on the phone to my friend at the time and she heard everything he said and did. I just hope we get a hearing before the next handover as I don't want to breach the order but genuinely feel if I send DD he will just withhold her and can't even bring myself to think what he'd do about school, although I know he can't remove her from school without being a) resident parent and b) my consent. xx

OP posts:
MrsofClaus · 29/12/2025 19:28

He sounds unhinged. Be very careful @DontGoChasinWaterfalls .

JustMyView13 · 29/12/2025 19:28

DD is so lucky to have such an incredible mum in you. Your priority is and remains both of your safety. Do continue with police proceedings if they have enough. This isn’t a case of him going away / having made a mistake etc. he will continue to escalate things irrespective of how you proceed so you may as well have the law on your side. DD might be small, but she certainly doesn’t sound stupid. She sees all of this & she’ll become such a strong young lady with you as her role model x

FuckoffeeBeforeCoffee · 29/12/2025 19:29

I had a feeling something bad had happened. He’s a massive cunt.

Enko · 29/12/2025 19:29

Happy you have got her back with you.

MrsDoomesPattersen · 29/12/2025 19:29

Thank god the govt have said they are going to change the law around having to give abusive other parents contact

lostmywayrightnow · 29/12/2025 19:30

I am.so sorry op, what a terrifying update. So glad you have DD now, you are just the best Mum. You are awesome.

I really hope that you can prosecute and that you can feel all of the support here for you and your beautiful DD.

blankcanvas3 · 29/12/2025 19:31

Bloody hell. He just gets worse. I don’t know if you should be handing her back over tbh - and i think you should consider pursuing prosecution for today. It might be the only way you can protect yourself

random9876 · 29/12/2025 19:31

Be careful, and consider deleting this thread in case he finds it - he sounds a dangerous man. Sorry you are going through this.

Jaichangecentfoisdenom · 29/12/2025 19:32

ShawnaMacallister · 29/12/2025 19:24

Well, I imagine that was highly traumatising for you both but I'm glad he's done it now and in such an obvious and public way. Please, please pursue police action. You need the evidence.

Yes, although this must have been traumatic for both you and your daughter, and not at all pleasant for the people at the holiday club, at least you have witnesses, including police, to his atrocious behaviour. One would hope that would go a long way to persuade a court/judge to relieve him of any parental responsibility and to ensure that any contact he is allowed to have with your daughter is supervised and of short duration and much more infrequent. I am hoping he has dug his own grave (so to speak) with this behaviour.
So glad you and your daughter are now enjoying your Christmas together.

ThisAutumnTown · 29/12/2025 19:32

Please prosecute as it should help your case. The fact that police witnessed a lot of it is also a positive thing.

Ihatelittlefriendsusan · 29/12/2025 19:33

DontGoChasinWaterfalls · 29/12/2025 19:27

Police are going to make a referral to Social Care, tbh I genuinely feel he is experiencing some mental decline, it was genuinely scary. I was on the phone to my friend at the time and she heard everything he said and did. I just hope we get a hearing before the next handover as I don't want to breach the order but genuinely feel if I send DD he will just withhold her and can't even bring myself to think what he'd do about school, although I know he can't remove her from school without being a) resident parent and b) my consent. xx

As horrifying as your update is, it is probably a blessing in disguise. He has now shown his true colours in front if witnesses that include the police. The court will look increasingly poorly on him for his actions over withholding her and with his behaviour today.

The one thing i would say is get firm legal advice about the next handover. I suspect you will have to hand her over regardless of the fear that he refuses to return or it will look like tit for tat. The fact things are documented now and the court granted your order today means that the police should be able to act to get her back if he does refuse.

As awful as it is. You absolutely need to be whiter than white.

Fingers crossed the court grants the emergency hearing ahead of contact!