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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
DontGoChasinWaterfalls · 30/12/2025 11:56

The order was executed by the police yesterday. They actually attended to deal with the domestic Disturbance but were able to assist with executing the handover.

OP posts:
MrsOlderButWiser · 30/12/2025 11:58

SpinningaCompass · 30/12/2025 11:39

Please support the police pursuing assault charges against him.

I agree with the above. He needs taking down a peg or two and I am very concerned that as he has a violent temper and with what has happened whether he is actually fit to see your daughter except with supervised visits. I appreciate that you OP do not want to disrupt your daughters life too much, but her father's behaviour is not acceptable and has caused distress to your daughter and yourself.

MummyFairyx · 30/12/2025 12:11

Thinking of you OP and really hope your daughter is back in your arms now and u have a wonderful belated Christmas celebration. You are so strong and courageous and your post has made me cry. Sending so much love and faith that the courts support you and protect your poor daughter from this monster. Best wishes to you all

Bloozie · 30/12/2025 12:12

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

She’s due to return to him tomorrow…? Crikey that isn’t long at all - either for her to decompress from it all, or the courts to step in.

Oldraver · 30/12/2025 12:13

If he is escalating to violence I would seriously think about getting a personal bodycam

Frankiecat2 · 30/12/2025 12:17

OP, I think you’re doing brilliantly and I think all your instincts have been right all along so keep listening to them.

You absolutely do have to work though I totally get why both you and your daughter would prefer that you didn’t. She’ll be distracted at her friend’s though and will have a lovely time.

I'm thinking of you lots and silently cheering you on!

HK04 · 30/12/2025 12:23

Thanks for the update OP. Many of us have been sincerely rooting for you and your DD as it’s horrendous what that poor excuse is putting you both through. The Judge clearly has the measure of the situation and the police too. So that’s a plus. Handover sounded awful. Do document his threats as that is really worrying. I’m sure you are but keep a diary. Contemporaneous notes can be evidence. It doesn’t sound like you can ever reason with him so formal proceedings is all that’s left. Just worry for your and DDs safety. Hard to know what he is or isn’t capable of but taking no chances imminently sensible after yesterday.
Your nerves must be shattered with it all and just hoping you can put it to one side and have the best day today; though it’ll be a wrench to have to work again so soon hoping too you’ll both get some more quality time soon. You got this.

PorridgeEater · 30/12/2025 12:32

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

Unfortunately the point was to cause ongoing distress to the OP by not returning her.
But the advantage was that OP could see her daughter for that precious 20 minutes, which gave her strength. And the childcare staff have witnessed his behaviour, which won't do him any favours.
Courts seem to find it difficult to deal with men like this but I believe OP will win through in the end.

Terfarina · 30/12/2025 12:47

Wow. I am in awe of your strength in putting DD’s needs at the centre when dealing with this nasty violent POS. Shame he can’t do the same but it sounds like he is showing everyone who he is.

Mskittenheels · 30/12/2025 12:50

Hey OP have followed you from the start and I think you are amazing. I noted you are having to pay for all of this, is it his intention to bankrupt you as well as destroy your peace of mind. He sounds like he is using the system to harass you (from the snippets you wrote about the earlier court appearances etc with his made up lies). I have no advice to give other than you are a true warrior and I wish nothing but the very best for you and your daughter and I’m praying things get easier for you both.

ShawnaMacallister · 30/12/2025 12:51

Mskittenheels · 30/12/2025 12:50

Hey OP have followed you from the start and I think you are amazing. I noted you are having to pay for all of this, is it his intention to bankrupt you as well as destroy your peace of mind. He sounds like he is using the system to harass you (from the snippets you wrote about the earlier court appearances etc with his made up lies). I have no advice to give other than you are a true warrior and I wish nothing but the very best for you and your daughter and I’m praying things get easier for you both.

Court applications aren't that expensive, the expense comes from legal representation which OP doesn't have, she's doing it all herself so far

bibliomania · 30/12/2025 12:59

So happy she's back with you, OP. I was in a similar situation last year and ended up with a court order that said dd's father could see her at my discretion. By the time DD was 12, she decided not to see him and that was that (simplified by the fact that he then went to prison for something different). This is tough stuff, but it won't last forever.

Igmum · 30/12/2025 13:07

So pleased she is back with you and well done for negotiating the courts so well. I too had 7.5 years of hell through the courts with DD’s dad and she also made the choice to stop seeing him when she was 11 which was so much better for her mental health. Good luck xx

19lottie82 · 30/12/2025 13:30

If your work can’t arrange cover, then that’s on them. I appreciate it’s not ideal to leave them in the lurch but if you need to take some time off just take it, and don’t feel guilty. Your DD is your priority here.

ShawnaMacallister · 30/12/2025 13:33

19lottie82 · 30/12/2025 13:30

If your work can’t arrange cover, then that’s on them. I appreciate it’s not ideal to leave them in the lurch but if you need to take some time off just take it, and don’t feel guilty. Your DD is your priority here.

With respect, we know nothing about OP's employment situation and that might not be possible for her. I'm sure she would take time off if she could.

DontGoChasinWaterfalls · 30/12/2025 13:43

I'm representing myself at present. Was in the family court with legal aid last time for those 4 years. I successfully challenged the legal aid agency when they refused funding for final hearing. I wrote a 20 page appeal document and they reversed the decision and gave me the funding. I applied for a specific issue order as a litigant in person when legal aid wouldn't cover it and got everything I sought. Representing myself isn't an issue it's the fact we're going to be in proceedings again only 5 months after 5 years of proceedings have ended. I'm concerned about the impact on DD, repeated professional intrusion into her life. She can't just be a child. That's the bit that hurts.

OP posts:
MrsDoomesPattersen · 30/12/2025 13:50

What does the submitted c100 ask for OP?

Wtfdoidoplease · 30/12/2025 13:52

Well done, OP. You seem an amazing mother.
Do you believe that your ex could be violent against your daughter? This is what makes my blood run cold reading this thread as men like this can be vindictive. If it’s a concern it’s definitely something to mention to social care now a referral has been made.

Rosscameasdoody · 30/12/2025 14:08

19lottie82 · 30/12/2025 13:30

If your work can’t arrange cover, then that’s on them. I appreciate it’s not ideal to leave them in the lurch but if you need to take some time off just take it, and don’t feel guilty. Your DD is your priority here.

Not very good advice. The last thing OP needs is problems with her job. Better to apply the reasoned approach she’s had to the situation so far to her employment rather than throw caution to the wind now.

NotaSkivvy · 30/12/2025 14:18

MrsDoomesPattersen · 30/12/2025 13:50

What does the submitted c100 ask for OP?

A C100 is a child arrangement order to decide residency, contact and everything else. I know this because, as grandparents caring for our 3 eldest grandchildren, we are in the process of applying for this ourselves.

MrsDoomesPattersen · 30/12/2025 14:20

NotaSkivvy · 30/12/2025 14:18

A C100 is a child arrangement order to decide residency, contact and everything else. I know this because, as grandparents caring for our 3 eldest grandchildren, we are in the process of applying for this ourselves.

I know

I wanted to know what OP had asked for

DontGoChasinWaterfalls · 30/12/2025 14:25

I've asked for an urgent stay of the order in light of escalating behaviour following enforcement of the order after his breach. I've asked for it to be dealt with urgently ahead of the next scheduled handover as the court order isn't containing risk. Then I've asked for directions on how contact can safely be managed given the risk of unilateral withholding. It's not realistic for me to ask for no contact whatsoever given I've been here before.

OP posts:
LakieLady · 30/12/2025 14:32

What you're asking for sounds eminently reasonable to me, OP. I hope you get a date for this asap.

grumpygrape · 30/12/2025 14:33

DontGoChasinWaterfalls · 30/12/2025 14:25

I've asked for an urgent stay of the order in light of escalating behaviour following enforcement of the order after his breach. I've asked for it to be dealt with urgently ahead of the next scheduled handover as the court order isn't containing risk. Then I've asked for directions on how contact can safely be managed given the risk of unilateral withholding. It's not realistic for me to ask for no contact whatsoever given I've been here before.

Supervised?

I have mostly been lurking OP but wanted to say, respect.

ShawnaMacallister · 30/12/2025 14:37

grumpygrape · 30/12/2025 14:33

Supervised?

I have mostly been lurking OP but wanted to say, respect.

It's really unlikely that his contact will move to supervised. More likely that they will be expected to revisit handover arrangements and he will be given a warning about future conduct. I know it sounds mad, but supervised contact is a very extreme measure in private law and rarely enacted unless in the very short term.