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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
Cordeliasdemonbabies · 21/12/2025 19:36

This is horrific behaviour.

Would the order stopping it being revised within two years be overturned because of behaviour like this?

DontGoChasinWaterfalls · 21/12/2025 19:44

I don't know I'm just thinking of getting her back first that's the priority. My gut tells me he planned this..

OP posts:
LuubyLuu · 21/12/2025 19:50

I have nothing to add but just wanted to send strength and support. You are clearly amazing.

GKG1 · 21/12/2025 19:54

Sending you a big hug. This is a mum’s worst nightmare. Would social work not carry out a welfare check tomorrow? I know they will not want to get involved in the court process and getting that moving is the priority, but they can check on her and see how everything seems?

DontGoChasinWaterfalls · 21/12/2025 20:03

So the officer who he claimed is investigating an allegation of ABH but subsequently told me its NFA has emailed duty children's services she said he knew it was NFA from mid Nov and that she wasn't happy to wait until SW was back from leave and someone should do a welfare check..I'm going to call the court as soon as phone lines open. I've cried and can't cry and anymore, I've got an amazing group of friends supporting me, I'm an intelligent and educated woman who is a confident litigant in person. DD doesn't need me panicking and escalating. As hard as it is, the silence in my home, her Xmas presents under the tree, that dull ache knowing I haven't seen her for 9 days now.. she needs me to stay strong. Its particularly awful it's over the Christmas period but it's one Christmas.. I miss her so terribly but I have to do this properly and she deserves at least one parent who can prioritise her needs above their own. Going to his house demanding her back will just cause a scene and frighten her. After 5 years of court battles, she's been through enough. I have to just put my faith in the court and not give up. He's the one in the wrong here not me.

OP posts:
Ineffable23 · 21/12/2025 20:07

Gosh OP, I don't have any answers at all, but just to say my thoughts are with you. I hope the courts do their thing quickly tomorrow.

supercali77 · 21/12/2025 20:08

I don't have a court order and i got police attendance by turning up, knocking at the door, and knowing my dd was inside.... i called them. Previous domestic abuse, problematic parent was all it took for me to say.

In your case theres a court order in place and he's breaking the terms.

My advice is do not allow him to do this without swift action. He'll just keep taking the piss if you do. Because the court acts slowly so he knows he can do whatever he wants and it'll take you weeks to act if you go through that route

supercali77 · 21/12/2025 20:11

He is abusing you, and your child via the court system. He wont want police at his door every time he pulls shit like this. What will the neighbours think etc. Plus the police will have words with him, they did in my case. In my situation he never tried it again

ShawnaMacallister · 21/12/2025 20:17

GKG1 · 21/12/2025 19:54

Sending you a big hug. This is a mum’s worst nightmare. Would social work not carry out a welfare check tomorrow? I know they will not want to get involved in the court process and getting that moving is the priority, but they can check on her and see how everything seems?

No. Social services aren't an emergency service and they can't do random welfare checks. He would have to consent for a visit in any case.

ShawnaMacallister · 21/12/2025 20:18

supercali77 · 21/12/2025 20:08

I don't have a court order and i got police attendance by turning up, knocking at the door, and knowing my dd was inside.... i called them. Previous domestic abuse, problematic parent was all it took for me to say.

In your case theres a court order in place and he's breaking the terms.

My advice is do not allow him to do this without swift action. He'll just keep taking the piss if you do. Because the court acts slowly so he knows he can do whatever he wants and it'll take you weeks to act if you go through that route

She's doing exactly the right thing and your advice is bad.

ShawnaMacallister · 21/12/2025 20:19

supercali77 · 21/12/2025 20:11

He is abusing you, and your child via the court system. He wont want police at his door every time he pulls shit like this. What will the neighbours think etc. Plus the police will have words with him, they did in my case. In my situation he never tried it again

The police won't even go to the house let alone have words with him. Your situation is not the same as OP's.

supercali77 · 21/12/2025 20:26

ShawnaMacallister · 21/12/2025 20:19

The police won't even go to the house let alone have words with him. Your situation is not the same as OP's.

They will attend. I had no court order but I know one person with one that got police attendance for non compliance. In both cases they spoke to the parent and the child.

DontGoChasinWaterfalls · 21/12/2025 20:27

Those advising going to his house.. its not good advice. Yes I want to go there with every fibre of my being and knock on the door and barge in but I don't want DD to be scared and party to that. She's had 5 years of professional intrusion, conflict, knowing her parents hate each other. When court concluded I promised myself I'd be the parent she needs and deserves. Her attachment to me is so strong that I'm surviving by knowing she's missing me as much as I am missing her and I WILL see her again. Those saying Court will take ages. This is the unlawful withholding of a child, a clear breach of a court order and done tactically around the Christmas period, I will not rest and I will be on the phone straight away tomorrow morning to the Court. This will be dealt with swiftly.

OP posts:
ShawnaMacallister · 21/12/2025 20:27

supercali77 · 21/12/2025 20:26

They will attend. I had no court order but I know one person with one that got police attendance for non compliance. In both cases they spoke to the parent and the child.

If there was a penal notice attached then they would attend for a breach of a court order. If not, they won't.

supercali77 · 21/12/2025 20:30

ShawnaMacallister · 21/12/2025 20:27

If there was a penal notice attached then they would attend for a breach of a court order. If not, they won't.

With respect, this has not been my experience. Granted I'm in Scotland so it's perhaps different to England

Driftingawaynow · 21/12/2025 20:41

you’re doing so well op, great decisions made in an awful situation. Reschedule Christmas, it doesn’t matter what day it is, and tell her when you see her that youve moved it for her. Put the fucking tree away for a while if it helps.

I was in a sort of similar situation where transfer of residency was floated as an option with our then 14 year old after a horrendous 11 year battle which I did everything in my power to avoid, I wanted to have a good relationship, dad wanted conflict and lied about me and harassed me using the family court system as a weapon.

People who haven’t seen it in action Don’t believe the extent this can be done, but I hear you, you’re right re not attending the house.

I felt so traumatised by it, I just want to give you the biggest virtual hug. My son is now over 16 and it’s all behind us, we can talk about it although I don’t tell him everything, he has no interest in a relationship with his father.

for now, despite your heartbreak and no doubt her confusion, she is physically safe (I understand this is not much comfort when she is being emotionally abused). whilst you are absolutely right to go back to court, please try to soothe your nervous system, I got cancer at the end of our battle and can’t help thinking it was due to the stress. There’s a limit to what you can do, and you are doing your absolute best. You’re obviously a fucking brilliant mum and in the long run it will be okay, please prioritise self-care as much as you can. Don’t feel guilty for sitting and watching a film if it comforts you or just switching off for a little while. Tomorrow you’re back on, refuel whenever you can. Sending you much love and solidarity

Dairymilkisminging · 21/12/2025 21:34

This happened to my close friend. She did the exact things you ate doing. Staying calm an not giving your ex any ammo to use against you. He's done this because he knew you was going away and to spoil xmas.
In friend case the whole thing was resolved in about 3 and a half weeks.
Please look after yourself during this time. Lean on friends and keep that promise. She needs a strong and calm parent against this asshole.

I really hope tomorrow brings some news for you.
Hand hold from me

ChilledProsecco · 21/12/2025 22:08

Hoping you get a swift resolution tomorrow OP. This situation must be absolutely agony for you.

It never fails to horrify me how these abusive men play the legal system in post-separation abuse.

Starlight7080 · 21/12/2025 22:13

Good luck tomorrow. I hope its gets sorted and she is returned to you .

Anonanonanonagain · 22/12/2025 10:04

Thinking of you today op.

somanychristmaslights · 22/12/2025 10:36

I’m so sorry this has happened. I have no experience, but I’m horrified this is allowed to happen. Hopefully once your daughter is old enough, she can refuse to see him.

blankcanvas3 · 22/12/2025 10:39

Good luck today OP, thinking of you

Frankiecat2 · 22/12/2025 10:46

I just read this this morning and I’m thinking of you, OP. I think you’re doing the right thing by not going round there or sending the police round there. You’re putting the long term wellbeing of your daughter first and u think that’s exactly right. You’re balancing the harms, in my opinion. On one hand, her father has certainly not got her best interests at heart and is attempting to alienate you. But on the other hand, you, or you and the police turning up at the house, and there being conflict and noise is more harmful in my opinion.

Please let us know how it has panned out. You are being totally the parent that your daughter needs you to be.

DontGoChasinWaterfalls · 22/12/2025 17:30

Hi all. So there's been progress today. I found out what holiday club he's put DD into this week. I called them and explained the situation to them and at that point I was adamant I was going to take her. During the drive there my fight or flight state calmed down and I decided I would just see her as hard as it is. Holiday club people were amazing they made it clear they cannot prevent me to take her. DD ran straight into my arms and we just cuddled and cried. I explained to her mummy is sorting it out and she'll be home soon and mummy had to do things properly. She understood but doesn't make it any less heartbreaking that she wanted me to take her there and then. I told her I came to see her to tell her I loved her and mummy is thinking of her and we'll be together soon. I told her mummy is being strong for us both. She made it abundantly clear she doesn't wish to be with him and told me some deeply concerning things he's been saying. I walked her back to the activity she was doing and gave her a big cuddle and said I'd see her soon. She kept blowing me kisses and waving as I drove away. I've drawn a lot of strength from that 20 minutes i got with her and as hard as it was to not take her I think I did the right thing as he'd only send police to my home if I did take her and I don't want her drawn into conflict.
On the plus side, the court issued my application straight away and at 3pm it was before a judge so I expect some news tomorrow I hope x

OP posts:
MrsDoomesPattersen · 22/12/2025 17:33

You are being so patient

I hope this means he has fucked up his contact for life

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