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
GAJLY · 29/12/2025 22:32

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

Gosh what an update. I’m sorry he is behaving like this. Feeling so sorry for you and your daughter. What’s the next steps? What can court do to stop him from behaving this way?

Daleksatemyshed · 29/12/2025 22:44

I won't give you advice on your next steps because you obviously know exactly what you're doing Op. What I want to say is please be very careful, he thought he was getting all his own way and now he's furious to find you've outsmarted him. Make your home as secure as you can and tell anyone who can help, police, SS, the school and please let the police charge him for assault, you need as much offical evidence of his behaviour as possible.

Treaclewell · 29/12/2025 22:45

To add to tha previous poster's suggestions about safety within the house, I'm sorry but I have to include fire extinguishers. Blankets and sand for now, if you can. Can he get to the back of your house?

ObsidianTree · 29/12/2025 22:45

So glad you got her back. Really hope things can get sorted so she doesn't have to go back to him again. Hope visits can just be in a contact centre.

What's infuriating is that he had her in childcare all the time! What was even the point!

Pipsquiggle · 29/12/2025 22:54

So pleased you have her back with you and that you have witnesses as to how he was with you.
Glad you had all your ducks in a row.
Please be careful, he sounds deeply unpleasant

Bookloveruk · 29/12/2025 22:59

So glad you have her home. So sorry you’ve had to go through this. Keep strong.

froggybiby · 29/12/2025 23:01

I am so glad you managed to get your DD back. His behaviour is shocking and appalling. I pray you get another hearing soon so you don't have to go through this again. I admire your strength.

wandawaves · 29/12/2025 23:04

I'm so glad your baby is back and enjoying her Christmas.

Your ex's behaviour is really concerning though. He is losing control of the situation and he knows it... this is where they escalate even further, to try to regain control. I'm not referring to him not returning her again, I'm referring to the awful stuff you hear in the news.

Is there any way to go down the supervised contact route?

thetallfairy · 29/12/2025 23:05

OP you are AMAZING

I have been in your shoes it's hell

Sending good vibes to you both

What an ordeal 💔💔💔

RoamingToaster · 29/12/2025 23:07

This was hard to read, I can't imagine living it. So sorry you're dealing with this. I think there has been some good advice given. I'd seriously look into applying to the court again and if you can keeping her if you can until it's heard.

All the best!

ChaliceinWonderland · 29/12/2025 23:07

My exh did this although he accused me of child abduction
Long story short it took 9k and court with a barrister.
It's horribly stressful. Sending hugs

AnaisVB · 29/12/2025 23:07

You are so strong and keeping your head together in such traumatic circumstances.
She will be ok because she has you . My ex husband is very similar and once refused to bring them back from his holiday . It was terrifying. I have had to coax my children on how to cope with a narcissistic parent and as much as you want to protect them, also giving them the language and understanding is really important, so maybe in time you can get some support with that. My boys are old enough to decide now and they have a very fractured relationship with him as he is so emotionally abusive and controlling . I always thought it was doing the right thing by helping facilitate their relationship, but it was actually a social worker that pointed out to me that if he was hitting them I would stop him seeing them, emotional abuse can be just as distressing . This probably all feels like too much now but I just wanted to say you’re doing such an incredible job and I know how draining it is to keep your head all the time. Sending love and strength x

Festivespirit85 · 29/12/2025 23:30

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

He's not experiencing mental decline, he showed his true face when he realized his control was lost. He is unhinged.

Roobarbtwo · 29/12/2025 23:48

Please consider prosecution. Also please try and get a panic alarm in your home if you can. So sorry you are going through this

Buscake · 29/12/2025 23:57

Just to echo other posters and say please push for arrest/charges. I know it is draining, I know it feels relentless and terrifying and without end. But it will end. It will. And processes can be slow but they can work in a way that hope cannot. The bigger the paper trail, the bigger the statutory involvement the worse it will all be for him. And this should bring lasting and secure protection for your daughter and for you.

did police do a DASH assessment?

ilovesushi · 30/12/2025 00:01

I am so sorry that you and your daughter are going through this. I cannot imagine how painful it must have been being separated from each other. You have shown incredible strength and courage. Wishing you all the best in getting through this hard time x

Bigwelshlamb · 30/12/2025 02:01

Can I just say I have been where you are with the father of my two daughters. Five and a half years in Family Court representing myself... This ordeal finished 13 years ago and it ended with no contact with their Father as he kept failing to attend final hearings. As others have said, please do have him charged with common assault and please beef up any security you have at your home, ask the Police about this, I found them extremely helpful. I have been here and my ex turned into someone I could never have imagined and absolutely unable to prioritise his daughters' wellbeing. I have also been the victim of false allegations etc and all the hoopla that involves, which is why it is important that you allow them to charge him because it is rare to have good third party witnesses and your daughter does need protecting from this man. He thinks he loves her but this isn't love. His aim is control and you have outsmarted him. We are now so far away from something that at the time was all consuming and can I say you've done so well, you've kept your head and in the long run (where I stand now) your daughter will know this about you. Be proud of how you've conducted yourself but please take the lesson because this is definitely how he means to go on. My adult daughters now know what happened, they've had no contact or desire for such for all these years and this will pass at some time soon and you will both be OK. But please please protect yourself, assume the worst and prepare for that. And report this fucker, he's unhinged.

EstoyRobandoSuCasa · 30/12/2025 02:03

I'm glad you have your daughter back and I'm very sorry that you missed spending the main part of Christmas together. Do you have a solicitor who specialises in family law? If not, consider speaking to one. They can advise you whether to press charges against your ex. I'm no expert, but I expect this would be a good idea.

Hopefully, your ex has been given enough rope to hang himself, as he clearly doesn't have your daughter's interests at heart and is likely to keep demonstrating this. Whereas it sounds as though you have been very reasonable and your love and consideration for your daughter is obvious from your posts.

I hope 2026 brings peace and stability for you and your little girl.

MeTooOverHere · 30/12/2025 03:29

Bigwelshlamb · 30/12/2025 02:01

Can I just say I have been where you are with the father of my two daughters. Five and a half years in Family Court representing myself... This ordeal finished 13 years ago and it ended with no contact with their Father as he kept failing to attend final hearings. As others have said, please do have him charged with common assault and please beef up any security you have at your home, ask the Police about this, I found them extremely helpful. I have been here and my ex turned into someone I could never have imagined and absolutely unable to prioritise his daughters' wellbeing. I have also been the victim of false allegations etc and all the hoopla that involves, which is why it is important that you allow them to charge him because it is rare to have good third party witnesses and your daughter does need protecting from this man. He thinks he loves her but this isn't love. His aim is control and you have outsmarted him. We are now so far away from something that at the time was all consuming and can I say you've done so well, you've kept your head and in the long run (where I stand now) your daughter will know this about you. Be proud of how you've conducted yourself but please take the lesson because this is definitely how he means to go on. My adult daughters now know what happened, they've had no contact or desire for such for all these years and this will pass at some time soon and you will both be OK. But please please protect yourself, assume the worst and prepare for that. And report this fucker, he's unhinged.

it is important that you allow them to charge him because it is rare to have good third party witnesses

THIS^

NET145 · 30/12/2025 03:39

You are absolutely spot on, hard as it is.
the father wants you to panic and cause a scene, but that would only be harmful to her and give him something to "justify" his horrific behaviour.
he is an absolutely classic abuser with no regard to how awful this is for your child, but she will will always remember and in a few years she can vote with her feet. inform her school and ensure she has a therapist or school counsellor to talk to.
focus on how loved she is and lucky to have you - you will have a very special xmas together when she is back.
you are incredibly strong and wise to go about this in the way you have. wishing you all the best amazing mum!! x

Tammygirl12 · 30/12/2025 03:45

He sounds like a dangerous man. I’m sorry you’re living through this OP

Trendyname · 30/12/2025 04:31

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 don’t know how these things work but can you ask the court to not give father equal custody as he is dangerous.

  1. He is teaching / pressuring your dd to lie about her bruises. So incapable of taking care of her mentally and emotionally. We don’t know how this will impact her in future. So many adults are dealing with mental health issues emerging from childhood.
  1. He put her in a holiday club during Christmas period, not letting her spend it with mother and extended family, meet cousins.
  1. He went against legal order and kidnapped your dd.
  1. He physically assaulted you in front of her.

While I agree with posters you did a remarkable job of staying calm dealing with this complex situation, I don’t see any harm of bringing dd from his home with the help of police. In any case, your dd witnessed the drama, she did not have to endure such long separation from her mother and her home.

Edited to say my bullet points are numbered incorrectly, not sure why it happened.

Tryinghardtobefair · 30/12/2025 06:52

OP, you're incredibly brave and your daughter will remember what you did for protect her for the rest of her life.

However, you need to take threats to kill seriously. I would look into protective measures such as a fire retardent letterbox bag, window alarms and CCTV. I would also consider using a personal safety app like Hollie Guard.

If the court order gets dropped to supervised contact I would also consider moving house if I'm honest.

I recognise this isn't a nice thing to think about but if he's willing to act like that in front of the police there is no telling how far he's willing to escalate.

Gremlins101 · 30/12/2025 06:58

Wow I just read your whole thread and I'm sobbing. You are unbelievably brave and strong and your little girl is so lucky to have you. Wishing for a better new year for you both 🙏 ✨️

ShawnaMacallister · 30/12/2025 07:04

Trendyname · 30/12/2025 04:31

I don’t know how these things work but can you ask the court to not give father equal custody as he is dangerous.

  1. He is teaching / pressuring your dd to lie about her bruises. So incapable of taking care of her mentally and emotionally. We don’t know how this will impact her in future. So many adults are dealing with mental health issues emerging from childhood.
  1. He put her in a holiday club during Christmas period, not letting her spend it with mother and extended family, meet cousins.
  1. He went against legal order and kidnapped your dd.
  1. He physically assaulted you in front of her.

While I agree with posters you did a remarkable job of staying calm dealing with this complex situation, I don’t see any harm of bringing dd from his home with the help of police. In any case, your dd witnessed the drama, she did not have to endure such long separation from her mother and her home.

Edited to say my bullet points are numbered incorrectly, not sure why it happened.

Edited

I don’t know how these things work but can you ask the court to not give father equal custody as he is dangerous

I know you mean well but if you had read the OP's posts on this thread you'd know this is a redundant comment. OP is working within the legal parameters she's able to. She can't just 'ask the court'. Your other comment about not seeing the harm in her taking DD from his house doesn't even make sense.