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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:
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fashionqueen0123 · 29/12/2025 19:33

From having a friend in a similar situation, getting a non mol order was the best thing. Press for anything they can charge him with. Her kids are now with her and he’s not allowed near her or the house and won’t have any contact until it goes to court. These men do not take anything seriously- and will trip themselves up even infront of police and courts as you have seen. It doesn’t surprise me the in the slightest he’s done this. I knew he would go mad when he saw the order from you saying he wouldn’t believe it etc . Speaking to a solicitor and woman’s aid (who have been amazing for my friend acting between her, the police and social workers and even accompanying her to court) have helped so much.

PyongyangKipperbang · 29/12/2025 19:33

I was so hoping I was wrong when I posted above. Thank goodness that you are both safe. But I do agree with others that you need to push for prosecution.

You not doing that adds to his feeling of being untouchable (evidenced by him kicking off in public and at the police). Being prosecuted for assault, especially if the holiday club will provide witness statements, will help with your case for changing arrangements.

Alwaysalert · 29/12/2025 19:33

CauliflowerCheese00 · 24/12/2025 08:43

The courts today will be dealing with children who would otherwise be spending Christmas with sex offenders, or who have had an adult break their bones.

Yes what the OP and her daughter are going through is awful but honestly have a sense of perspective. OP is being very measured in her response.

The OP is very measured in her words and actions, but no-one knows what the father is capable of in these situations when they are either told to return children or are deemed not suitable to have contact with the children without a Supervision Order. Without trying to alarm OP, we have all read, seen on News some horrific scenarios with estranged fathers, and all the ones I have heard about have been fathers. It is time the Police and Courts took it a lot more seriously and had more consequences for non compliant parents. By asking the daughter to lie about receiving physical abuse, is abuse in itself. What is so hard to understand? The OP should have her daughter returned with conditions set for any future contact with the father, and any breach of any of the set conditions ensuing in termination of contact with him. So sorry that OP and her daughter are having to deal with this.

tiv2020 · 29/12/2025 19:34

OP you are amazing but your ex really sounds unhinged.
Stop for a minute and think, if he assaults you and threatens to kill you, NO court ruling can make him safe to be around you dd unsupervised.
Now do apply that excellent mind of yours to the onvious and very necessary next step, that is to prevent him having unsupervised access to her. No handover.

Okiedokie123 · 29/12/2025 19:35

@DontGoChasinWaterfalls Im so impressed by your strength and courage. To hold off from charging in to get her is So hard but it’s totally the right thing to do. Hoping she is back with you permanently very very soon. Lots of love x

AlleycatMarie · 29/12/2025 19:39

I’m so sorry OP, he sounds really crazy. Well done for getting through it. Now have a wonderful evening with your daughter xxx

Strawberry53 · 29/12/2025 19:41

I’m so sorry you’re going through this. I can read your pain here and as a Mum myself I can only imagine how distressing this is. Sending you best wishes for the future.

k1233 · 29/12/2025 19:42

@DontGoChasinWaterfalls another commending your conduct through this horrendous time. Sometimes you have to lose the battle ie not take DD back without the court order, to win the war.

He has certainly made it clear with his actions (arriving early so you couldn't collect her as ordered by the court, then assaulting you and kicking off at the police) that he has no intention of complying with the court order.

Have you flagged the incident with police so you get a priorty response if he shows up at your place? No idea how you do that, but hopefully someone can advise.

Does your daughter know your phone number? I'd be getting her to memorise it, and your email address, in case he absconds with her. Reason for email address is she may have access to a computer or ipad, but no access to a phone.

It's a terrifying time and you have the support of everyone here to get through it. I hope you get the emergency hearing ASAP. You hadn't even picked her up before he attempted to breach the order. You showed amazing restraint by not collecting her early and waiting until the court ordered collection time. One of you obviously is prepared to follow the court's directives, the other is not. You're playing the long game and it will stand you in good stead, both with the court and with your daughter.

SparklyGlitterballs · 29/12/2025 19:46

If this happened in the car park, do the holiday club have cctv covering the area OP? It may be worth the police requesting any footage so that it can be added to their file. It can surely only strengthen your case.

lovemetomybones · 29/12/2025 19:46

you have been incredible. Is there anyway the CAFCASS officer/ social worker can speak to your daughter and get a feel for how she feels about returning? He’s harmed you and threatened to kill you- was that in front of your daughter? You both have been through so so much, I am so happy you got her back safely. Take as much advice as you can about dropping her off to his home. When can she legally state her preference?

make sure you follow through with absolutely everything you can to charge him, get your friend to write a word by word account of what she heard tonight before she forgets the nuances. Throw everything you have at securing a conviction. I am positive the judge will change their minds about unsupervised contact in light of tonight’s actions.

thinking of you, I was in your position ten years ago, make sure when you secure your daughter’s safety that you seek advice for yourself. I had two years of therapy afterwards it absolutely changed my world. I don’t think I would be able to handle life without it! X

Dawninglory · 29/12/2025 19:49

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.

I agreed Op, great that you have her back, but I would be worried about him harming her to spite you. I would push for supervised contact and prosecution for assault.

carly2803 · 29/12/2025 19:50

please get advice OP about not handing her over back to him - he sounds unhinged!!

seek a good solicitor asap to talk through your options - i would not hand her over to him unsupervised.

Tarkan · 29/12/2025 19:50

I’m so glad you have her back OP. I was also worried he would try something today but I’m glad you have police and other witnesses to his behaviour. Good luck with everything else going forward but look after yourself and DD and enjoy every minute of having her back. I’ll keep everything crossed she doesn’t have to go back to him.

Softlylit · 29/12/2025 19:51

Back into court.
Suggest asking for immediate return of child, variation of order to a live-with/ spend time with order in your favour plus PSO against removal by father. And please be represented.

Tinsles · 29/12/2025 19:52

Please pursue any charge and support the police in any charge they suggest.
Unhinged, deranged men like him, have to win, at any cost.
Terrifyingly so.
Bless you both.

hypnovic · 29/12/2025 19:54

Im.so glad she is with you but so sorry for the extra stress. You are literally amazing

StarsTwinklingPomanders · 29/12/2025 19:54

I'm gobsmaked that a small child is allowed anywhere near such a violent and narcissistic man .

I'm gobsmaked.
He's clearly mentally unstable and consumed with hate.

Frazzledandfried · 29/12/2025 19:56

OP I am in awe of your composure and dignity in handling this awful situation. Enjoy having your DD back. ❤️

HayceeDeeCee · 29/12/2025 19:57

He's lost all sense of reasoning and sounds completely unhinged. Do whatever you need to do to keep yourself and your daughter safe - I am actually fearful of what he might do

LovesLabradors · 29/12/2025 19:58

My god! So glad you have her back, but your Ex has escalated alarmingly.
He sounds very dangerous - both to you and your DD.
In your shoes I would be terrified about handing her over to him again ever. He is a very real abduction risk now.
I'm so sorry, but in the meantime enjoy having your DD back x

ChocolateCinderToffee · 29/12/2025 20:03

Softlylit · 29/12/2025 19:51

Back into court.
Suggest asking for immediate return of child, variation of order to a live-with/ spend time with order in your favour plus PSO against removal by father. And please be represented.

DO TRY TO KEEP UP DEAR.

Nextweektoo · 29/12/2025 20:03

What a nightmare OP. So sorry you both have to go through this!

littlefireseverywhere · 29/12/2025 20:03

So pleased she’s home. Despite the hassle at collection. Enjoy your time with her.

CathyBlowsBubbles · 29/12/2025 20:11

Gosh, you have been so brave to let your rational mind rule your heart and allow you to stick to procedure. I’m not sure I’d be as measured and sensible. Well done! So lovely to hear your DD is home and happy!

I would seriously be concerned about an escalation in his behaviour. What if next time, he doesn’t return her but you don’t know where she is? Please get legal advice around what you do if this escalates. Good luck and enjoy your time together!

lizzielizard · 29/12/2025 20:11

Just adding my utter admiration and awe as to how you've handled this truly awful and traumatic episode for you and your DD. As others have already said, I would be very wary of handing her over to this man again unless under supervision. He sounds dangerous. In the meantime enjoy Christmas with you and your girl. I hope you both sleep well tonight, back together where you belong x