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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
TwinklySquid · 29/12/2025 21:13

I just want to say, having read your posts, how very brave and mature you’ve behaved.

I know the instinct is to get your child back but you’ve done so well. I would look at pressing charges. People like him won’t stop behaviour until he is made to.

XelaM · 29/12/2025 21:14

purpleygrey · 29/12/2025 20:22

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. ♥️

So next time she hands her daughter over to this abusive angry man who may be mentally unwell, he disappears with her or harms her. What use is the court system then?

ShawnaMacallister · 29/12/2025 21:16

XelaM · 29/12/2025 21:14

So next time she hands her daughter over to this abusive angry man who may be mentally unwell, he disappears with her or harms her. What use is the court system then?

How the fuck is what you are posting helpful in any way? This is really not the place

ChazsBrilliantAttitude · 29/12/2025 21:19

I am so glad you have your DD back but very sorry to hear the way it happened.

I do think your by the book approach has been vindicated. I would seriously consider following through on the common assault because a conviction for violence is objective evidence you can put in front of all future court hearings.

It is appalling that the system is so easily abused but at least it has finally supported you.

Tana433 · 29/12/2025 21:20

XelaM · 29/12/2025 21:14

So next time she hands her daughter over to this abusive angry man who may be mentally unwell, he disappears with her or harms her. What use is the court system then?

Im sure sometimes people down take on board that this is the OP's actual life and not a soap opera. Do you really think she hasnt thought of this. It really isnt helpful to be writing this in the comments. OP, you are amazing and i only hope that i would handle this situation with as much grace as you have. I wish you and your daughter all the best.

ChazsBrilliantAttitude · 29/12/2025 21:22

XelaM · 29/12/2025 21:14

So next time she hands her daughter over to this abusive angry man who may be mentally unwell, he disappears with her or harms her. What use is the court system then?

And if she doesn’t hand him over and breaches the court order then she might lose residence. Did you not see the earlier posts on this topic.
The OP must follow the rules so his behaviour is shown up as the clear problem. He has thrown so much mud at her in court that she has no choice but to be correct in every action. That way the court can focus just on him and his actions.

Arran2024 · 29/12/2025 21:24

So glad you are both safe.

Two separate issues now - keeping your daughter safe and keeping you/your house/your pets safe.

Others have given you lots of good advice about your daughter. But there is also the possibility he could target you and your home.

Please keep records of everything. Do you have a door camera? A mobile phone personal alert system (Hollie Guard is good). Are friends, neighbours, family aware? Make sure pets are not left unattended.

My daughter was stalked by her ex and we found that the police kept threatening to arrest him but gave him chance after chance and it just emboldened him.

You can ask them to issue a PIN to keep away from you. It isn't legally binding but it often stops them from progressing.
Xx

IidentifyastheGrinch · 29/12/2025 21:24

XelaM · 29/12/2025 21:14

So next time she hands her daughter over to this abusive angry man who may be mentally unwell, he disappears with her or harms her. What use is the court system then?

Don't criticise people for walking the delicate line they have to walk in an inadequate system with poorly trained judges and social workers who teach really daft conclusions sometimes and have no skills in interviewing children or interpreting evidence

YourWildAnt · 29/12/2025 21:31

I'm trying to find an update but can't see one since early this morning before court. Has there been a more recent one? Thanks.

TheIrritatingGentleman · 29/12/2025 21:32

XelaM · 29/12/2025 21:10

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

That's because you can't force anyone to see their child, but you can force a willing parent to be able to see theirs.

I've seen both men and women disregard court orders and get away with it. Only thing I've noticed is it's always the nice, decent parent (no matter the sex) that has to put up with the most rubbish!

ShawnaMacallister · 29/12/2025 21:35

YourWildAnt · 29/12/2025 21:31

I'm trying to find an update but can't see one since early this morning before court. Has there been a more recent one? Thanks.

Go to OP's first post and click see all

MeTooOverHere · 29/12/2025 21:44

ShawnaMacallister · 29/12/2025 21:35

Go to OP's first post and click see all

Go to page 2 of the All.

SpinningaCompass · 29/12/2025 21:44

Any chance there are cameras at the nursery/school that will have recorded him assaulting / threatening you? Would be useful to have the footage.

MrsDoomesPattersen · 29/12/2025 21:47

MeTooOverHere · 29/12/2025 21:44

Go to page 2 of the All.

Edited

Her last update was around 7.30pm

EchoesOfOurDreams · 29/12/2025 21:48

Please please prosecute him. He has shown he is dangerous and unstable to be around your daughter. By refusing to prosecute you will play right into his hands.

UnsureAndUnsteady · 29/12/2025 21:49

I don’t know if someone has given you this advice but please trust me this is my area. Tonight wrote to the camp/activity tha you collected your daughter from and ask if they can write a letter or statement setting out what happened. Also do not drop the charges against your ex, keep pursuing them (even if just for now) and send the court a copy of your crime reference number. If you do decide to drop charges make sure you have the reason recorded as “because you are pursuing matters through the family court”. If you do get permission to apply to vary the order the courts are going to want as much evidence as possible. Dropping the current police investigation can look like you knew you weren’t going to win or you hadn’t been truthful.

Metalplate · 29/12/2025 22:01

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

I’m sorry you had this but I would strongly advise the following:

I always took a witness to handovers (this was the judge’s suggestion) that witness constantly had their phone recording and all transfers were done at a local shopping eg Sainsbury’s customer service desk - I always arrived early if doing drop off and waited until he left eg had a coffee after.

I’ve had cctv and ring doorbell for years.

In your case I’d also have a dashcam front and back and leave them running constantly at drop offs and pick ups.

if you have the energy please press charges for assault - looking at the outside in - you have done everything legally correctly and a judge would ask why you didn’t - if he assaults you - please have him charged. Glad your daughter is home - and yes back to court I’m afraid for you, do you have a non molestion order? The police took one out on my behalf (I didn’t have to apply they did it). You might find a court might have a hearing to terminate his parental rights - my local court got fed up with his breaches of the order and eventually this is what they threatened him with. Only then did he stop behaving like yours.

Metalplate · 29/12/2025 22:02

SpinningaCompass · 29/12/2025 21:44

Any chance there are cameras at the nursery/school that will have recorded him assaulting / threatening you? Would be useful to have the footage.

This and any statements from nursery staff or emails would also be useful

Starsnspikes · 29/12/2025 22:03

Based on what happened today, you'd be well within your rights to keep her with you pending a court hearing. You've filed an urgent application and you've done everything by the book. There's an ongoing investigation due to him assaulting and threatening you and this occurred directly in relation to spending time arrangements. You wouldn't be wilfully breaching the order by not sending her back until you get to court, you'd be taking entirely appropriate safeguarding action. I work in this field, this isn't just my opinion.

WilfredsPies · 29/12/2025 22:10

I have no experience here so no advice to offer, but I just wanted to say how incredibly clear it is how much you love your DD and how her best interests are at the forefront of everything you’re doing. Your self control is astounding. She’ll remember this. She’ll remember his manipulation and insane behaviour and she’ll remember that you were the calm parent who protected her.

Hopefully he’ll go out for a coastal walk during a terrible storm and a freak wave will carry him off somewhere. But if not, think about how quickly the last seven years have gone. In no time at all, she’ll be of an age where no court will force her to see him if she doesn’t want to. And then he’ll be gone. You’ll never have to deal with him again.

Stay safe, take every precaution you can and you’re not alone.

LivingwithHopenowandforever · 29/12/2025 22:10

@DontGoChasinWaterfalls
Congratulations OP on getting your daughter back & I am really sorry she had to witness something so ugly from her Father. A young child is having to witness something so terrifying for her young age involving her parents and the authorities need to now deal with his escalating behaviour. Maybe I am over thinking things but can you just make sure you have locked windows tonite and your bedroom door and just have outdoor shoes and coats with you. I am just coming from a place of concern that you both can get out. Also keep something underneath your pillow, I apologise if it comes across as an over reaction but he is severely wounded right now & in a drunken stupor could do something stupid even though his daughter is with you. That reaction at the holiday club is not a small reaction. He went physical, he will be full of anger that you got her back. Stay safe x

Switcher · 29/12/2025 22:13

That is all utterly fucking terrifying and you're amazing.

FFSToEverythingSince2020 · 29/12/2025 22:13

OP, I just want to say, you absolutely cannot let him have her again if he’s beginning to become unhinged, or it sounds like he’s already unhinged now. He assaulted you and threatened to kill you. A woman was just killed in front of her children at a custody handover in the US. Please don’t let that become you; do not meet him alone with just your DD for any reason. I’m nervous to think what could have happened to you today if you hadn’t been at the holiday club or the police hadn’t been able to come quickly. There was also recently the case of the father who went on the run with his three children and disappeared into the wilds for months. It is just so dangerous when one parent becomes aggressive and so mentally ill that they stop recognizing court and legal authority. I would hope that either the assault or his threats, which were witnessed in full by your friend in the phone and hopefully the club staff, would be enough to stop handover from going forward. Very, VERY best of luck, OP. This is such a difficult situation. And if you start to feel this thread could be dangerous to you, I’m sure MNHQ would be happy to delete it. Do what you have to do.

Tallestone · 29/12/2025 22:21

Good luck

EdithStourton · 29/12/2025 22:22

OP, I just want to wish you and your DD well.

His behaviour should surely give you good grounds to change the court order and reduce his contact.

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