Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

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
TeideHeart · 30/12/2025 10:14

Trendyname · 30/12/2025 09:50

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.

I'm not sure why the OP didn't both arrive early at the daycare and ask for her daughter to leave early too, given that waiting till 4pm when presumably daycare ended and the ex went to pick her up, he and OP ended up having an altercation, she was assaulted, the police were called, and OP and her daughter had to stay there over an hour before they could leave.

OP managed things extremely well all through this awful time, but it wasn't unexpected that he would also be there at 4pm.

Anyway, her and her daughter will be having a lovely few days together doing Christmas, which is the main thing. 😊

In the days to come, OP must press charges, despite her fear. He's assaulted her, threatened her, and the family court need to know he's dangerous to OP, so they can make necessary changes to the order.

Lilactimes · 30/12/2025 10:30

Dear @DontGoChasinWaterfalls

I'm so so sorry to read your latest update. Your ex is an absolute bastard. Good your friend overheard his threats.

You are an incredible person and an incredible mum. Take a few days to enjoy your DD and your belated Xmas.

When you're ready, take advice from your friends, police and solicitor on best way forward. His threats are extremely worrying so you do need to decide how to change the status quo for you and your DD. But you don't need to make decisions today if you're not ready ❤️

Without wanting to worry you, I would definitely install cameras like Ring. I have a house alarm system which has a panic alarm function on my phone - I can hit a button and the noise is very loud out into the street. I am sure the police can advise on this.

sending you love and hugs OP - keep in touch if you can- as there is so much admiration for you on here xxx

SardinesOnGingerbread · 30/12/2025 10:35

Just posting to add thoughts and wishes of support. Ex-VAW worker her (albeit 20 years ago) and I take my damn hat off to you. Chapeau, ma'am. I salute your courage, resilience, and good sense.

katepilar · 30/12/2025 10:36

Glad your DD is home with you now. Cant believe what you have to go through. Hope he has shown himself now bad enough so that you and your DD dont have to see him ever again.

katepilar · 30/12/2025 10:38

PS. In your shoes I wouldnt face him without a voice recording device in your pocket. Glad your friend heard it on the phone. It insane what happened. Have a great time together with your DD!

Mix56 · 30/12/2025 10:41

TeideHeart · 30/12/2025 10:14

I'm not sure why the OP didn't both arrive early at the daycare and ask for her daughter to leave early too, given that waiting till 4pm when presumably daycare ended and the ex went to pick her up, he and OP ended up having an altercation, she was assaulted, the police were called, and OP and her daughter had to stay there over an hour before they could leave.

OP managed things extremely well all through this awful time, but it wasn't unexpected that he would also be there at 4pm.

Anyway, her and her daughter will be having a lovely few days together doing Christmas, which is the main thing. 😊

In the days to come, OP must press charges, despite her fear. He's assaulted her, threatened her, and the family court need to know he's dangerous to OP, so they can make necessary changes to the order.

I believe she had authorization to collect DD at 16.00. & as she is doing things by the book, she adhered to this judgment

Rosscameasdoody · 30/12/2025 10:43

Muffinmam · 30/12/2025 07:33

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

If you’d bothered to read through OP’s updates before wading in, you’d see that she’s explained in detail why this would have been entirely the wrong course of action. Two wrongs don’t make a right and if she descends to his level it muddies the waters concerning who is acting unreasonably and who is not. He’s looking for any excuse to accuse OP of being an unfit parent. She’s acting within the law and putting her daughters’ welfare first.

Rosscameasdoody · 30/12/2025 10:46

Trendyname · 30/12/2025 09:50

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.

It doesn’t make any more sense now than before. OP has to act within the law and in one of her posts she detailed that neither the police or the courts would assist in her physically removing her child from his home. There is a legal process and OP has to follow it, otherwise she risks looking as unreasonable as her ex.

Rosscameasdoody · 30/12/2025 10:48

TeideHeart · 30/12/2025 10:14

I'm not sure why the OP didn't both arrive early at the daycare and ask for her daughter to leave early too, given that waiting till 4pm when presumably daycare ended and the ex went to pick her up, he and OP ended up having an altercation, she was assaulted, the police were called, and OP and her daughter had to stay there over an hour before they could leave.

OP managed things extremely well all through this awful time, but it wasn't unexpected that he would also be there at 4pm.

Anyway, her and her daughter will be having a lovely few days together doing Christmas, which is the main thing. 😊

In the days to come, OP must press charges, despite her fear. He's assaulted her, threatened her, and the family court need to know he's dangerous to OP, so they can make necessary changes to the order.

Because the authorisation from the court was that her DD be collected at 4pm. Her ex showed up because he thought the judgement wouldn’t stand unless he had appeared in court. Which he didn’t.

IidentifyastheGrinch · 30/12/2025 10:50

Mix56 · 30/12/2025 10:41

I believe she had authorization to collect DD at 16.00. & as she is doing things by the book, she adhered to this judgment

If the judge had had any sense they would have authorised an earlier pick up. It was so obvious this would create a flash point
But judges get shockingly little training and don't seem to have any understanding of the reality of life for a separated parent with a difficult ex. I say that as someone who has two close family members who are family court judges

Silvers11 · 30/12/2025 10:54

@DontGoChasinWaterfalls I hope you had a trouble free night with your daughter and can have a lovely day with her today. I understand you not pushing for prosecution of your ex due to all the trauma, but I hope you do, because it will help your case in Court if he is actually convicted and ultimately may help you to get full custody of your daughter. Thinking of you

SergeantWrinkles · 30/12/2025 10:54

Omg op I’ve just read the whole thread. How frightening for both you and DD. I hope the police prosecute him. Wishing you all the best.

StealthMama · 30/12/2025 11:09

TeideHeart · 30/12/2025 10:14

I'm not sure why the OP didn't both arrive early at the daycare and ask for her daughter to leave early too, given that waiting till 4pm when presumably daycare ended and the ex went to pick her up, he and OP ended up having an altercation, she was assaulted, the police were called, and OP and her daughter had to stay there over an hour before they could leave.

OP managed things extremely well all through this awful time, but it wasn't unexpected that he would also be there at 4pm.

Anyway, her and her daughter will be having a lovely few days together doing Christmas, which is the main thing. 😊

In the days to come, OP must press charges, despite her fear. He's assaulted her, threatened her, and the family court need to know he's dangerous to OP, so they can make necessary changes to the order.

The OP arranged to collect her at 4pm which was earlier than pick up. She wanted the paperwork in hand in case it was needed and was due to get this at 3. She was told that she would serve the enforcement papers herself through the App they communicate through after pick up, however the court directly issued the papers to him at the same time. He got in his car and went straight to the holiday club too, OP was already there, hence the altercation. She called police to help enforce.

Father said he didn’t believe the court could make decisions if he didn’t attend, but they can. And did.

PorridgeEater · 30/12/2025 11:12

Metalplate · 29/12/2025 22:01

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.

This seems like good advice.

GoldenGeishaGirl · 30/12/2025 11:18

Record every single interaction you have with him on your phone. He doesn’t need to know you’re doing it. It’s not for court evidence. It’s for proof. Use the voice memo app.

YourLoyalPlumOP · 30/12/2025 11:18

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.

I’m so sorry

my auntie went through something similar. Managed to get me us to save her son and her one day and her husband came and kidnapped them both. He refused to return the child and he was about 4 at the time. Sadly we didn’t see him barely at all until he turned 18. However we had a much different problem in the fact that he was army. So he was protected by military police who are awful

we had to go in safe housss. We even had 12 police officers due to give evidence in court for us and it got thrown out for not enough evidence. He was protected for years.

he eventually stamped on one of the princes toes and got fired very openly. But when he tried multiple times to kill us no one wanted to know.

Glindaa · 30/12/2025 11:32

YourLoyalPlumOP · 30/12/2025 11:18

I’m so sorry

my auntie went through something similar. Managed to get me us to save her son and her one day and her husband came and kidnapped them both. He refused to return the child and he was about 4 at the time. Sadly we didn’t see him barely at all until he turned 18. However we had a much different problem in the fact that he was army. So he was protected by military police who are awful

we had to go in safe housss. We even had 12 police officers due to give evidence in court for us and it got thrown out for not enough evidence. He was protected for years.

he eventually stamped on one of the princes toes and got fired very openly. But when he tried multiple times to kill us no one wanted to know.

Stamped on one of the prince’s toes and got fired for it?! I want to hear more !

DontGoChasinWaterfalls · 30/12/2025 11:38

Hi all. Just thought I'd update.
DD is doing OK, she's so glad to be home, we've had lots of cuddles and she's playing with all her new toys. We're having a lazy day today and just watching tv and eating nice food. She's a bit sensitive to it all. I have to work tomorrow evening to Friday afternoon which she's upset about as I've had to arrange a sleepover at a friend's house which I feel terrible about but my shifts can't be covered. I was supposed to work today and yesterday but those were able to be covered off. I'm know it's because we've been separated so she probably feels like I'm shipping her off :(
With regards to the court, they've already contacted me and taken payment and issued my application. Just waiting on news now.

OP posts:
SpinningaCompass · 30/12/2025 11:39

Please support the police pursuing assault charges against him.

Xmasxrackers · 30/12/2025 11:42

You are so strong OP

Wellretired · 30/12/2025 11:46

You have done so well, OP.

rainbowstardrops · 30/12/2025 11:47

DontGoChasinWaterfalls · 30/12/2025 11:38

Hi all. Just thought I'd update.
DD is doing OK, she's so glad to be home, we've had lots of cuddles and she's playing with all her new toys. We're having a lazy day today and just watching tv and eating nice food. She's a bit sensitive to it all. I have to work tomorrow evening to Friday afternoon which she's upset about as I've had to arrange a sleepover at a friend's house which I feel terrible about but my shifts can't be covered. I was supposed to work today and yesterday but those were able to be covered off. I'm know it's because we've been separated so she probably feels like I'm shipping her off :(
With regards to the court, they've already contacted me and taken payment and issued my application. Just waiting on news now.

Could you take some compassionate or annual leave, or maybe get signed off while your daughter is feeling so vulnerable?

Nocookiesforme · 30/12/2025 11:48

Is it possible to go sick or plead exceptional family emergency with work? What would your employer do if you had to urgently leave the area temporarily for safety due to ex's behaviour?

Ophy83 · 30/12/2025 11:54

Out of interest, did the judge comment on whether you needed to apply to recover your daughter or would they have supported you showing the original order to the holiday camp people and taking her home as your ex was on breach of that order? (Thinking of solutions for the future if he pulls a similar stunt again. This could be something to raise at the next hearing as it could be recorded in a recital)

DontGoChasinWaterfalls · 30/12/2025 11:55

They've tried to reallocate my shifts but they can't tomorrow, Thurs and Friday. I was supposed to work Monday and Tuesday but rest of week there's no cover. I feel awful but I also can't lose my job with potential proceedings over my head I may need to instruct a solicitor too.
The good news the court is acting swiftly and hopefully her return to him tomorrow won't happen x

OP posts: