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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
Squirrelchops1 · 30/12/2025 07:08

OP, I'm so pleased your DD is with you. You've handled yourself in an exemplary manner.
Might I suggest you delete this thread though. I'd be concerned he will start to Google and this could lead right here.

BalletBee · 30/12/2025 07:20

Squirrelchops1 · 30/12/2025 07:08

OP, I'm so pleased your DD is with you. You've handled yourself in an exemplary manner.
Might I suggest you delete this thread though. I'd be concerned he will start to Google and this could lead right here.

Absolutely agree OP has behaved with such poise and integrity throughout.

Aa far as deleting the thread, what could the ex glean from reading it ?
It is factual, there is nothing libellous or defamatory written by OP.

This whole thread is a beacon of light, and example of how to conduct yourself in this tip of situation.
Also a beautiful show of support and outpouring of love for OP and her DD, makes me proud to be a member of this community.

Women supporting women is wonderful.

SadTimes10 · 30/12/2025 07:25

I would go and get my child. He may be alienating her from you throughout this time and coaching her in lies. Go to his house. If he calls the police he is surely in breach of court order.

NET145 · 30/12/2025 07:28

Please inform any neighbours of exactly what has happened so they can listen and look out for you, ready to call for help or intervene if needed. Men like this can be very dangerous - I’m so sorry. You are coping so well with it all, it must have been an exhausting few years but it will one day improve (sadly probably when he moves onto a new victim as these people do)…

Muffinmam · 30/12/2025 07:32

Like you I have experience with the Family Courts.

Your ex has not only attempted parental alienation but he has contravened the custody orders. Which means you will likely get full custody and your ex supervised custody.

In my country this would be a case for a recovery order. Whereby the Police would be given the power (through the Family Court) to remove the child from their father and return your child to you. But right now the Courts are closed.

Keep strong.

Muffinmam · 30/12/2025 07:33

SadTimes10 · 30/12/2025 07:25

I would go and get my child. He may be alienating her from you throughout this time and coaching her in lies. Go to his house. If he calls the police he is surely in breach of court order.

I agree. This means there would be a police record.

myrtleWilson · 30/12/2025 07:38

@Muffinmam @SadTimes10 it is helpful to read all of the OPs updates not just to wade in

Beerpink · 30/12/2025 07:39

@DontGoChasinWaterfalls I just want to say, you are such a brave woman. Keep fighting!

LemonLeaves · 30/12/2025 07:54

SadTimes10 · 30/12/2025 07:25

I would go and get my child. He may be alienating her from you throughout this time and coaching her in lies. Go to his house. If he calls the police he is surely in breach of court order.

You need to read all of the OP's updates. Fortunately she has her DD back now. However there is an extensive history and it is sadly not as straightforward as you suggest - OP called the police, they wouldn't even do a welfare check.

PodMom · 30/12/2025 07:55

I hope you do push for him to be charged. I appreciate it’s a cps decision but having someone willing to give evidence makes a difference. I think him being charged will be good ammunition if needed for you down the line in any ongoing custody hearings. He has not centred his Dd in any of his decisions, when he kept her from you, when he put her in a holiday club rather than be with you (or even him), when he’s attacked you the mother of his Dd. He’s lost the plot and this needs stopping now.

90yomakeuproom · 30/12/2025 08:17

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

Just check that last bit OP. It may be different because of your court order but from my experience, schools can't stop people with PR from collecting from school at any time.

LemonLeaves · 30/12/2025 08:23

90yomakeuproom · 30/12/2025 08:17

Just check that last bit OP. It may be different because of your court order but from my experience, schools can't stop people with PR from collecting from school at any time.

I think OP may mean her Ex taking her DD out of school entirely (i.e. to home school) as a way of keeping 100% control and punishing OP.

I really hope the CPS decide to pursue charges. His behaviour has been despicable, and clearly shows that he doesn't care at all about their daughter's welfare or best interests. The only thing he is interested in, is 'winning'.

caramac04 · 30/12/2025 08:25

OP you have been, and are, amazing and the stability your dd needs.
Others have given better advice than I can but just want to say I’m so happy you have your precious daughter with you. I hope you are safe and that your ex puts his foot in it big time and gets only supervised minimal contact asap.

StealthMama · 30/12/2025 08:59

SadTimes10 · 30/12/2025 07:25

I would go and get my child. He may be alienating her from you throughout this time and coaching her in lies. Go to his house. If he calls the police he is surely in breach of court order.

Please read the thread, so much has happened.

Arran2024 · 30/12/2025 09:23

Agapornis · 30/12/2025 09:18

https://www.dvact.org/post/do-you-know-the-8-step-timeline-in-domestic-abuse-homicides

Threats to kill is a clear escalation (around step 6 in the domestic abuse timeline). For your and her safety you should work with the police. At least have a marker at your address so you're a priority if you need to call them again.

I hope you have some home security measures.

Absolutely. When my daughter was stalked by her ex, we fitted ring cameras internally to face into the garden and back door of the kitchen - you don't need a sophisticated alarm system as such, ring cameras are easy to fit and relatively cheap. This was police advice.

Also, I checked the garden before letting the dogs out every time in case poisoned meat was thrown over the fence (also police advice).

Xx

LunaTheCat · 30/12/2025 09:28

I am reading this late at night in the southern hemisphere.
you are utterly amazing OP.. calm and thoughtful and strong.
Your daughter is extremely lucky to have you.

Cherrysoup · 30/12/2025 09:35

Massive well done on doing everything properly and not rushing in. Your ex definitely sounds unhinged. I really think supervised contact is the way forward. He really can’t have your dd again given his refusal to return her and his recent behaviour. He’s shown his anger to police, hopefully they’ll take the situation seriously now.

Didshejustsaythatoutloud · 30/12/2025 09:41

What a woman/mother you are!! Better than me, thats for sure.
Enjoy your wee darling and good luck for the future xx

Trendyname · 30/12/2025 09:50

ShawnaMacallister · 30/12/2025 07:04

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.

Edited

Why can’t she appeal to the court given how dangerous he is?

She didn’t want to take the child from his home to avoid making scene, in the end days later a big scene was made by him physically assaulting her. I hope now it makes sense.

RisingSunn · 30/12/2025 09:50

OP you have followed everything by the book, been calm and patient and I’m pleased you have your DD with you.

However, once a man uses the word ‘kill’ towards you - it becomes an entirely different ball game. Because if they can’t get to you - they will target the person closest to you - to destroy you.

I would be doing everything within my power to prevent a handover.

liveforsummer · 30/12/2025 09:55

OP you must press charges. I know it’s hard and going through it is traumatic as I’ve been there but you need all evidence you can get. Als don’t assume that because he’s not permitted to pull her out of school that he won’t. There has been a post on here in the past where that has happened and very little was done in the short term. You are very lucky you’ve had a good judge but he’s shown he doesn’t respect the order or ruling and has escalated his behaviour. I’d assume he will continue to do so. Just be prepared.

LightUpLavender · 30/12/2025 10:08

Wishing you all the luck today OP. Can’t imagine what you’ve gone through these last few weeks. Hope your child is back with you soon x

ShawnaMacallister · 30/12/2025 10:10

LightUpLavender · 30/12/2025 10:08

Wishing you all the luck today OP. Can’t imagine what you’ve gone through these last few weeks. Hope your child is back with you soon x

She is!!

HappyFace2025 · 30/12/2025 10:11

StealthMama · 30/12/2025 08:59

Please read the thread, so much has happened.

@SadTimes10 Even just read the OPs posts if not TFT!