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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
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DontGoChasinWaterfalls · 30/12/2025 14:41

DD had a long time having supervised contact also so not keen to go backwards.. I think what I want is a review of the current arrangements because I genuinely don't believe it's working for DD, she's so isolated. I think she needs a clear understanding where home is. She did 5 nights with him previously and 9 with me and I could see she was much happier then.

OP posts:
ShawnaMacallister · 30/12/2025 14:45

What was the rationale for increasing her time with him to 50%? Just because he wanted it and 'fairness'?

JustMyView13 · 30/12/2025 14:49

@DontGoChasinWaterfalls Just noticed you said you required legal aid previously, but wanted to make sure you exhausted all other options including any Legal cover you have through home insurance, and also via any Unions you might be a part of. I'm sure you've checked already, but in case not.

LucyLoo1972 · 30/12/2025 15:05

DontGoChasinWaterfalls · 19/12/2025 23:44

I did ask for a welfare check but the Police didn't consider emotional harm enough.

good grief there is something I could say about this becasue ive been subject to welfare check from my meddling sister becasue I didnt answer my phone to her for a day and ive had mental health problems

ElaineBurdock · 30/12/2025 15:12

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

I've read all your posts and believe there shouldn't be a 'hand over' in the future. The father shouldn't be putting his daughter through all this. The courts are not thinking of the welfare of the child anymore, but are instead treating them like something that has to be shared, no matter what. As we all know, children need stability.

Things have swung too far the wrong way now. For example:
I'm in the US and went through a divorce here in the 1970's. We had one child. I had full parental custody/control. Written into the divorce papers were the words 'reasonable visitation'. In other words I had full control of my son's well being and decided when his father could see him. My son was about 4 at the time of the divorce. If my son was up for it and his dad was free, I'd ask if he wanted to come and get him. Sometimes he spent the night with him. It was all friendly, because I was allowed to be the reasonable adult when it came to raising my child.

'Reasonable visitation' was abused by some parents, so it all changed.

When my youngest son was divorced a few years ago, his ex didn't want to be the custodial parent because of her very serious mental health issues. Even then the mediator for the court required 'parenting plan,' tried to get the ex to agree to 50/50 shared custody. Both the ex and my son were horrified by the thought. The mediator was aware of the mother's mental health, but didn't care. My son was very relieved when his ex stood her ground and said she only wanted visitation with her baby if she was supervised. She had to tell this woman that she didn't want to be alone with her baby and the woman still tried to talk her into shared custody. The ex knew her issues and capabilities and wanted her baby to be in safe hands, so my son has raised his son since the baby was 2 months old.

I'm still haunted by the thought of what would have happened to my grandson if my former daughter-in-law had demanded 50/50 custody. I read the 'new' divorce laws in our state and as long as you're taking your meds or in therapy, you can get custody of a child. It would have been a long stressful and expensive legal battle to keep the baby safe. I'm so glad we didn't have to go through that.

GreenCandleWax · 30/12/2025 15:15

Happyasapiginmuck1 · 29/12/2025 20:13

Not everyone has time to read 23 pages before commenting!

But they could at least read OP's posts and see where the situation has got to.

GreenCandleWax · 30/12/2025 15:28

You have done brilliantly OP. Its just a thought - but if your DD does not have a passport, perhaps you apply for one in case your ex tries to do the same - they won't issue one twice! And if she does have a passport already, lock it away somewhere very safe! Good luck with the hearing.💐

fashionqueen0123 · 30/12/2025 16:07

DontGoChasinWaterfalls · 30/12/2025 14:41

DD had a long time having supervised contact also so not keen to go backwards.. I think what I want is a review of the current arrangements because I genuinely don't believe it's working for DD, she's so isolated. I think she needs a clear understanding where home is. She did 5 nights with him previously and 9 with me and I could see she was much happier then.

Surely something needs to happen where any handovers do not involve you being near him though - can you apply for a non mol after the incident where he said he’d kill you and then his behaviour with the police? You have witnesses.

liveforsummer · 30/12/2025 16:13

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.

When will you hear OP? And what time is handover due tomorrow?

liveforsummer · 30/12/2025 16:18

fashionqueen0123 · 30/12/2025 16:07

Surely something needs to happen where any handovers do not involve you being near him though - can you apply for a non mol after the incident where he said he’d kill you and then his behaviour with the police? You have witnesses.

I had a non harassment order and did handovers either from my parents to him or from me to his girlfriend. For some reason he decided this wasn’t convenient- went to court, got the non harassment order lifted as it was affecting contact. I’ll never forget the grin when I turned up thinking I was handing over to the girlfriend and he informed me of this. No one in the courts had thought to let me know. These men will find a way around 🙄

fashionqueen0123 · 30/12/2025 16:30

liveforsummer · 30/12/2025 16:18

I had a non harassment order and did handovers either from my parents to him or from me to his girlfriend. For some reason he decided this wasn’t convenient- went to court, got the non harassment order lifted as it was affecting contact. I’ll never forget the grin when I turned up thinking I was handing over to the girlfriend and he informed me of this. No one in the courts had thought to let me know. These men will find a way around 🙄

That’s awful. My colleague has one and it’s for quite a long time. So far she’s not had to do any handovers due to it and all contact must go through a third party so he can’t text her either. The police are going after him for the domestic abuse too so when it went to court he had no excuses not to agree even though he denies it all.

liveforsummer · 30/12/2025 16:44

@fashionqueen0123 I think most men eventually fall in to line once they have been told by the law that they have to but a pp hit the nail on the head when they said the courts don’t really know how to deal with the ones that don’t. Obviously the ones that take it to extremes get arrested but all the low level stuff and sheer arrogance that the rules don’t apply to them just isn’t enough even with previous convictions

PositiveCat · 30/12/2025 17:35

It’s disgusting that they KNOW what abusive men are like and they still allow them to abuse their children and their children’s mothers just at will. Is it Jane Monckton-Smith I’m thinking of who’s done a lot of work in this area? But this stuff is so well known and the patterns of escalation that there is no excuse whatsoever for courts and social services to just keep on giving them the benefit of the doubt. The damage will last for years. Sorry for the derail OP, but it makes me so angry, you are brilliant and I really hope you get the outcome you and your daughter need to keep both of you safe.

Islandsaky · 30/12/2025 17:39

Good luck op x

ElsieMc · 30/12/2025 17:40

We as gp carers had contact supervised in a contact centre. He was to arrive 15 minutes before contact and leave 15 minutes after contact ended. But his parents parked across the centre entrance to intimidate me. Supervised contact is the slippery slope to unsupervised.

Handovers then took place at a supermarket where he would hold onto gs, picking him up and refusing to hand him back.

The courts moved it to the school at cafcass request where he could abuse me further as I had another gs there. The staff contacted court via email saying they did not wish to facilitate this.

It then moved to my dds home and his parents collected. Not great but it took the heat out and remained there.

We did have to return to supervised contact, which is unusual, when he was convicted of gbh and his probation officer raised concern about escalating violence. His parents supervised but in reality they always did.

I am simply letting you know what sort of options they went for.

I do wish you luck op from someone who has made countless appearances in family court. You sound so much better than I ever was at self representation.

Trendyname · 30/12/2025 17:48

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.

It’s great that Op got those precious 20 mins with dd while she was at childcare and but why no one is talking about impact of all this on dd. All we are talking about is how difficult this must be for op, which I have no doubt it was, but dd is the real victim here.

liveforsummer · 30/12/2025 17:54

Trendyname · 30/12/2025 17:48

It’s great that Op got those precious 20 mins with dd while she was at childcare and but why no one is talking about impact of all this on dd. All we are talking about is how difficult this must be for op, which I have no doubt it was, but dd is the real victim here.

OP is very clear she’s aware of this and is doing her best. It’s so obvious I think it goes without saying

RitaIncognita · 30/12/2025 17:59

OP is also a "real victim." There is a growing body of literature on the subject of post-separation abuse of women through the use of child contact. It is highly damaging to both the child and the mother.

Squirrelchops1 · 30/12/2025 18:02

RitaIncognita · 30/12/2025 17:59

OP is also a "real victim." There is a growing body of literature on the subject of post-separation abuse of women through the use of child contact. It is highly damaging to both the child and the mother.

100%
Huge evidence of men continuing to be able to abuse women via the family court process, such as in this case.

Rosscameasdoody · 30/12/2025 18:05

Trendyname · 30/12/2025 17:48

It’s great that Op got those precious 20 mins with dd while she was at childcare and but why no one is talking about impact of all this on dd. All we are talking about is how difficult this must be for op, which I have no doubt it was, but dd is the real victim here.

OP’s post have all been about reducing the impact of this on her DD.

Tdcp · 30/12/2025 18:08

Trendyname · 30/12/2025 17:48

It’s great that Op got those precious 20 mins with dd while she was at childcare and but why no one is talking about impact of all this on dd. All we are talking about is how difficult this must be for op, which I have no doubt it was, but dd is the real victim here.

Did you not read any of ops posts? They were all about reducing the impact of this on her DD and doing the best thing for the child.

rainbowsinheaven · 30/12/2025 18:10

Op I’ve been following this thread from the start. Please make sure you press charges for common assault. It will help your case

LemonLeaves · 30/12/2025 18:16

Trendyname · 30/12/2025 17:48

It’s great that Op got those precious 20 mins with dd while she was at childcare and but why no one is talking about impact of all this on dd. All we are talking about is how difficult this must be for op, which I have no doubt it was, but dd is the real victim here.

If you read all of the OP's posts you will see she has done nothing but think about the impact on her DD. You might want to remember that there's a person and their actual real life situation on the end of what you are posting.

Joeylove88 · 30/12/2025 18:20

I know nothing about the law but I feel for you OP I honestly cant believe he would even be allowed to take his daughter again after what hes done to her this last week! Keeping her from her mother over the Christmas period especially how is he even allowed to keep any custody after this? And then to threaten to kill you WTF! Does this not show how unstable he is I mean how safe do you feel his daughter is in his care while you are having no choice but to escalate things though the courts? My biggest worry would be letting him have access to her for the sake of abiding to the rules when hes clearly not a very stable person. I really hope you get a good result tomorrow before the handover OP your girl clearly just wants to be with you!