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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
BustyLaRoux · 30/12/2025 18:24

Squirrelchops1 · 30/12/2025 18:02

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

Hello. I absolutely know this is the case but I know that many mothers also use the system to get revenge on men who have cheated. I’m certainly not excusing anyone using the system for their own ends. Man or woman. These are children FFS!!! But I can also see a bit of the other side when women frequently cite abuse to prevent dads spending time with their children for nefarious reasons. It must be really hard for courts to know what is real and what is invented. Although in OP’s case (OP I think you’re bloody fantastic!!!) there are several witnesses to his unhinged abusive behaviour so one would hope the court can see this and do something to reduce his contact. My heart breaks for this poor little girl! Why any parent behaves like this is beyond comprehension.

bigboykitty · 30/12/2025 18:28

BustyLaRoux · 30/12/2025 18:24

Hello. I absolutely know this is the case but I know that many mothers also use the system to get revenge on men who have cheated. I’m certainly not excusing anyone using the system for their own ends. Man or woman. These are children FFS!!! But I can also see a bit of the other side when women frequently cite abuse to prevent dads spending time with their children for nefarious reasons. It must be really hard for courts to know what is real and what is invented. Although in OP’s case (OP I think you’re bloody fantastic!!!) there are several witnesses to his unhinged abusive behaviour so one would hope the court can see this and do something to reduce his contact. My heart breaks for this poor little girl! Why any parent behaves like this is beyond comprehension.

Please stop it. It's not the time or the place.

CaptainMyCaptain · 30/12/2025 18:42

I've just read all your posts @DontGoChasinWaterfalls and got quite tearful. I am in awe of your calmness and nerves of steel in such a distressing situation. I wish you all the best.

ForNoisyCat · 30/12/2025 18:48

DontGoChasinWaterfalls · 19/12/2025 23:44

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

Don’t the police realise that emotional harm is actually abuse?

i hope you gave your DD back soon

DontGoChasinWaterfalls · 30/12/2025 18:49

Hi all - just checking in. Had a nice calm day with DD, we made gingerbread men together and watched Mr Bean together :) she's just upstairs in my bed chilling whilst I sort some admin out.
There is a significant update that I will share soon, I don't want to post it yet but we are safe :) thank you for the support and kindness xx

OP posts:
Roobarbtwo · 30/12/2025 18:50

BustyLaRoux · 30/12/2025 18:24

Hello. I absolutely know this is the case but I know that many mothers also use the system to get revenge on men who have cheated. I’m certainly not excusing anyone using the system for their own ends. Man or woman. These are children FFS!!! But I can also see a bit of the other side when women frequently cite abuse to prevent dads spending time with their children for nefarious reasons. It must be really hard for courts to know what is real and what is invented. Although in OP’s case (OP I think you’re bloody fantastic!!!) there are several witnesses to his unhinged abusive behaviour so one would hope the court can see this and do something to reduce his contact. My heart breaks for this poor little girl! Why any parent behaves like this is beyond comprehension.

Dear God could you just stop typing. This has nothing to do with what other people do

lostmywayrightnow · 30/12/2025 18:51

Wishing you well op and glad that you are both safe.

Silvers11 · 30/12/2025 18:54

DontGoChasinWaterfalls · 30/12/2025 18:49

Hi all - just checking in. Had a nice calm day with DD, we made gingerbread men together and watched Mr Bean together :) she's just upstairs in my bed chilling whilst I sort some admin out.
There is a significant update that I will share soon, I don't want to post it yet but we are safe :) thank you for the support and kindness xx

I hope the significant update means the outcome is ultimately good news for you and your daughter @DontGoChasinWaterfalls. Have been thinking about you both all day

FuckoffeeBeforeCoffee · 30/12/2025 18:54

I hope he’s been arrested.

EineReiseDurchDieZeit · 30/12/2025 18:57

Have a good evening OP!

narnia2025 · 30/12/2025 19:00

Hope you have a calm evening.

usethedata · 30/12/2025 19:10

I am so impressed by how you are handling this OP. I keep checking in to see how it's going. Thinking of you.

BustyLaRoux · 30/12/2025 19:11

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

bigboykitty · 30/12/2025 19:12

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Well don't!

BustyLaRoux · 30/12/2025 19:13

bigboykitty · 30/12/2025 18:28

Please stop it. It's not the time or the place.

Sorry I wasn’t trying offend anyone, just saying I can see why it’s difficult and I can see why the court has a hard job.

HayceeDeeCee · 30/12/2025 19:16

Hopefully he's banged up in a nice cell with a hard bed with a court appearance tomorrow morning

letshavetea · 30/12/2025 19:23

@DontGoChasinWaterfalls Ive just read th whole thread. You’re absolutely amazing with how you’re handling this incredibly difficult situation.

Ocelotfeet27 · 30/12/2025 19:24

Glad to hear you and DD are doing well. I hope a better arrangement can be sorted so DD can see her dad if she wants to but in a way that you both feel safe.

DurinsBane · 30/12/2025 19:33

Roobarbtwo · 30/12/2025 18:50

Dear God could you just stop typing. This has nothing to do with what other people do

I think it was a fair comment. The poster was replying to someone else who said lots of men use the family court system to abuse women. So while you are right that it isn’t relevant to the OPs situation, it was relevant to the post being replied to

WearyAuldWumman · 30/12/2025 19:38

I am in awe of @DontGoChasinWaterfalls . That is all.

LemonLeaves · 30/12/2025 19:39

Keeping everything crossed for you @DontGoChasinWaterfalls

angieloumc · 30/12/2025 19:42

I hope you and your daughter are both ok, it must have been so difficult for you both being apart.

MrsDoomesPattersen · 30/12/2025 19:53

So glad you and DD are safe OP

BustyLaRoux · 30/12/2025 20:04

DurinsBane · 30/12/2025 19:33

I think it was a fair comment. The poster was replying to someone else who said lots of men use the family court system to abuse women. So while you are right that it isn’t relevant to the OPs situation, it was relevant to the post being replied to

Bless you, thank you. That’s exactly what I was saying. I would never defend abusive men! My oldest friend is a very experienced family court solicitor and it is awful that PEOPLE abuse a system that is there to protect children. There isn’t a simple solution as the system, as with all systems, is flawed and open to abuse. I absolutely hope changes are made to prevent women and children being further abused by abusive men. I have been rooting for OP all day. I think some posters want to shove my post into the same category as those people who reply “not all men!” when we talk about violence against women, but that isn’t what I was saying at all. Thank you for understanding my point when other have been too riled up to see it. And apologies to OP if it was ill timed. It was indeed in response to another post and not OP’s situation per se.

Xmasxrackers · 30/12/2025 20:12

OP don’t keep me in suspenders! I hope it’s a brilliant update for you and your dd xxx

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