Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

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
Happyasapiginmuck1 · 29/12/2025 20:13

ShawnaMacallister · 29/12/2025 19:23

Goodness me read the thread before commenting!!

Not everyone has time to read 23 pages before commenting!

TidyCyan · 29/12/2025 20:15

@Happyasapiginmuck1 You don't have to. Just click "See all" on the OP's post!

TickingKey46 · 29/12/2025 20:15

Wow you sound amazing!! it's so so hard to always remain child focused and not to get sucked into their stupid games.
This is exactly the bxllshit my ex husband used to do! The constant aligations, not returning them, or returning them when he wanted. The constant game playing and moving the goal posts. In and out of court, etc etc.
I thought it would last for ever! thank god a no contact order was granted.

XelaM · 29/12/2025 20:17

Why do you have to play by the rules and hand her over to an abusive mentally unstable man who hates you? What if he harms her in his care just to get back at you?! Do not play nice with someone who is dangerous.

purpleygrey · 29/12/2025 20:22

XelaM · 29/12/2025 20:17

Why do you have to play by the rules and hand her over to an abusive mentally unstable man who hates you? What if he harms her in his care just to get back at you?! Do not play nice with someone who is dangerous.

Edited

Because you have to do things by the book when it comes to court proceedings.

all it takes is a shit judge having a bad day to come down on the other side if OP steps out of line.

she’s done everything right so far and got her daughter back.

hopefully a new order will be out in place for only supervised contact in the future.

op you are a bloody superwoman. ♥️

Azandme · 29/12/2025 20:23

So happy for you and dd, please do prosecute him for anything you can - it will support your position immeasurably going forward.

Sailawaygirl · 29/12/2025 20:23

OP.. just reading your updates. You are amazing!!

ShawnaMacallister · 29/12/2025 20:24

Happyasapiginmuck1 · 29/12/2025 20:13

Not everyone has time to read 23 pages before commenting!

You should always read the OP's posts especially on a thread that's already been running for a couple of weeks and on such an important topic! It's ignorant and unhelpful to wade in responding to the OP as if your post can possibly add anything that's not already said and dealt with.

ShawnaMacallister · 29/12/2025 20:25

XelaM · 29/12/2025 20:17

Why do you have to play by the rules and hand her over to an abusive mentally unstable man who hates you? What if he harms her in his care just to get back at you?! Do not play nice with someone who is dangerous.

Edited

Because if she doesn't she risks losing her DD completely. The family court is a nightmare. You MUST follow the rules or you'll be fucked.

Mooselooseinmyhoose · 29/12/2025 20:32

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.

Absolutely this! Indicate a willingness to prosecute. Its the only way these people learn in my experience.

PyongyangKipperbang · 29/12/2025 20:32

Happyasapiginmuck1 · 29/12/2025 20:13

Not everyone has time to read 23 pages before commenting!

Then just click onto another thread.

The title says it all. So if you see 23 pages and think "Oh bollocks to that....cant be arsed" move on. Easy.

Do you really think that your "wise" advice hasnt already been said by someone else. Or that things haven't moved on from 19th December when OP first posted?

ChocolateCinderToffee · 29/12/2025 20:32

Happyasapiginmuck1 · 29/12/2025 20:13

Not everyone has time to read 23 pages before commenting!

No, but you can read the OP's posts in 15 minutes.

travelforthesoul · 29/12/2025 20:32

Im so glad you are safe and you have your daughter back. I have no experience of family court, but just wanted to say you obviously do and know how to follow the plan.

please stay strong and safe, you are doing a fantastic job for your child.

Angliski · 29/12/2025 20:33

DontGoChasinWaterfalls · 19/12/2025 23:44

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

I’d contact them again. Ask to speak to their manager if they fob you off and maybe ask if they can attend with you?

bellabasset · 29/12/2025 20:35

Do you have legal aid in place for your dd to monitor her time with you and her other siblings. I know from former colleagues that a lot of issues can arise after a split, especially if there's a new partner and other siblings. One of our staff had a?domestic with a former partner and the police arrested both of them and kept them in custody overnight. This colleague had a family member who very kindly helped at handovers.

ShawnaMacallister · 29/12/2025 20:35

Angliski · 29/12/2025 20:33

I’d contact them again. Ask to speak to their manager if they fob you off and maybe ask if they can attend with you?

You're responding to a post from the 19th July. You should check the OP's updates before responding.

TidyCyan · 29/12/2025 20:36

Angliski · 29/12/2025 20:33

I’d contact them again. Ask to speak to their manager if they fob you off and maybe ask if they can attend with you?

Do you not think this might have moved on 10 days later? Jeez Louise.

Cheepcheepcheep · 29/12/2025 20:37

No advice but I’ve been following and I think you sound amazingly strong. I work in an area that intersects with family law and I’m in awe of the way you’ve taken the right decisions at each stage (as opposed to the decisions anyone’s heart would tell them to take!)

Sending lots of peace tonight as you get to hold your girl safe.

APintOfWine2025 · 29/12/2025 20:47

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

Check if your school has a "separated parents policy" and keep them updated at EVERY step. You both have PR and until there is a legal change in his contact or you inform about safeguarding concerns they are in the middle. The head will likely get a PPN from the police as your daughter was present for the incident but no guarantees they will have checked their email by Monday or the police send it in good time - also see if they can put in place any neutral intervention to support her. I was recently in court on behalf of the school to testify in a case similar to yours about the children's presentation in school and what they said about both parents to school staff.

Best of luck!

Bloozie · 29/12/2025 20:47

I’m so sorry you and your daughter had to go through all of that. He sounds truly unhinged. He surely can’t think the courts will look favourably on any of this, and that’s worrying vis a vis his state of mind.

I hope the courts move quickly again for you.

And I really hope you’re enjoying lovely time with your daughter. Merry Christmas to you both x

PyongyangKipperbang · 29/12/2025 20:54

Bloozie · 29/12/2025 20:47

I’m so sorry you and your daughter had to go through all of that. He sounds truly unhinged. He surely can’t think the courts will look favourably on any of this, and that’s worrying vis a vis his state of mind.

I hope the courts move quickly again for you.

And I really hope you’re enjoying lovely time with your daughter. Merry Christmas to you both x

The trouble is that men like this really dont consider that they will eventually lose!

He has gone through life shouting and bullying and abusing until he gets his own way, so why wouldnt that work with the police and the courts too? This is why this current issue is very dangerous for the OP and her DD.

He has been shown that he cant simply shout and bully his way into to getting what he demands. Hopefully he will soon do the "Do as I say or I will never see our child again and you can deal with that!!" in order to convince himself that he has won.

rainbowsinheaven · 29/12/2025 20:58

You’re doing amazing OP. Please make sure that you prosecute - it will really strengthen your case x

LilWoosmum82 · 29/12/2025 21:00

The police saw his behaviour and the holiday club staff, so possible cctv as well. Have him charged for this and then see about the non mal order. Plus all your evidence for him knowing about the order but saying it wasn't real even better. He is showing himself up! Have a brilliant belated Christmas and Happy new yr, enjoy your little girl xx

Whatwouldnanado · 29/12/2025 21:04

Nothing to add but my good wishes. So glad the police are involved. She will go where the peace is xx

XelaM · 29/12/2025 21:10

ShawnaMacallister · 29/12/2025 20:25

Because if she doesn't she risks losing her DD completely. The family court is a nightmare. You MUST follow the rules or you'll be fucked.

Except when you're a man. Then you can disregard court orders and no one does anything.

Swipe left for the next trending thread