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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
TheWeeDonkeyFella · 31/12/2025 12:04

Bless you and DD OP. May common sense prevail and you and DD have a very peaceful new year.

Mix56 · 31/12/2025 12:04

Well done You.
When will he be advised? Will he take this laying down? Is he likely to start banging on the door, or sitting in his car waiting for you to go out ?
I’m sure you must have thought about this, especially as you said you thought he might be having a real mental issue.

IidentifyastheGrinch · 31/12/2025 12:07

I'm pleased for your DD @DontGoChasinWaterfalls

I just want to suggest you reflect on whether you changed enough identifying details on this thread or whether you ought to ask MN to take it down?

Daftapath · 31/12/2025 12:07

Op, I’m so relieved for your dd and you that the courts have been supportive. Well done for doing all you have done.

Like pp, I am very concerned about your xh’s threats and think you should take them very seriously. I hope that you have good home security and allow the police to take matters further with a non molestation order. Surely that would also support changing the contact arrangements and perhaps only allowing xh contact via a centre? If you see this as protecting your dd as well as you, would you feel better about pursuing it?

Editing to add … if you want to keep the thread, you could ask MN to move it to the ‘secret’ board. Or start a new thread there.

lostmywayrightnow · 31/12/2025 12:07

So glad op, you rock. I am glad you have some breathing space with certainty that your DD cannot be removed. Wishing you well for the next hearing. Enjoy your time with your DD.

Fernticket · 31/12/2025 12:08

So pleased to hear this OP.

IidentifyastheGrinch · 31/12/2025 12:08

Mix56 · 31/12/2025 12:04

Well done You.
When will he be advised? Will he take this laying down? Is he likely to start banging on the door, or sitting in his car waiting for you to go out ?
I’m sure you must have thought about this, especially as you said you thought he might be having a real mental issue.

Yes , do think about this too

Alliod40 · 31/12/2025 12:09

Im sat in the hairdressers with my daughter and I've cried reading this whole thread..absolutely delighted for you OP..your EX is despicable and deserves nothing..I hope you and your DD have a wonderful new year ❤️ xxx

MrsOlderButWiser · 31/12/2025 12:10

DontGoChasinWaterfalls · 31/12/2025 11:47

Update – thank you all so much for the support.

I cannot fault the family court today, my application was listed for hearing this morning on an urgent without notice basis .

I wanted to share an update after today’s hearing, as so many of you have been checking in and offering support.

The judge granted permission for my application and suspended the Child Arrangements Order (including her own recent order). A Prohibited Steps Order is now in place preventing my child from being removed from my care.

The judge was satisfied that:

Dd has already suffered emotional harm,
there was a real risk she would be withheld again if contact went ahead today,
and that I pose no risk to my child.

A return hearing will be listed in around 2–3 weeks so the other parent can attend and give their position. The judge said she will then decide whether to involve Cafcass or the Local Authority, depending on how matters progress.

She also made clear that it will be considered at that stage whether arrangements can safely return to the current pattern or whether a full restructure is needed.

For now, the focus is on stability and protecting my child from further harm. I’m relieved the court acted quickly and decisively, and incredibly grateful for the reassurance and kindness I’ve had here — it genuinely carried me through some very difficult days.
Thank you ❤️

You are so strong as you negotiate this minefield. I am pleased that the Judge has revisted her previous order prioritising your daughter's safety and emotional health. Wishing you both a peaceful New year.

SquashedChoc · 31/12/2025 12:15

Thank goodness for a decent judge. I am very relieved with your update.

But remember there is no need for you to keep updating people on this thread unless you wish to. There is a slight voyeuristic element to some of the posts, asking for updates, being in ‘suspenders’, with a liberal use of exclamation marks etc. This is not a TV drama and I find some of the update ‘requests’ a little bit distasteful.

Anyway OP, everybody is concerned for you and I wish the best for a much better year for you and your daughter. You are a star.

ForeverPombear · 31/12/2025 12:15

What a brilliant end to the year for you, you've handled yourself perfectly. Hopefully the next hearing goes just as well and you and your daughter have a fantastic start to 2026

BustyLaRoux · 31/12/2025 12:16

Well done! Your calm in the face of extreme adversity is nothing short of amazing. What a wonderful role model you are.

And like others I would consider steps to keep yourself safe. If you don’t already have a ring doorbell I would consider getting one. Can you log with the police that he has made threats to kill and have an alert put on so they will come immediately if he turns up. Also seeking a non molestation order.

I am sure you have the emotional resilience and extensive knowledge of the system to do whatever is necessary. I also hope you and your lovely DD can enjoy some peace finally.

nunsflipflop · 31/12/2025 12:18

OP you are an absolute warrior. I am in awe at how well you have managed the whole situation.

You clearly love your daughter and want only the best for her.

Wishing you both a more settled and happy 2026.

TheHillIsMine · 31/12/2025 12:19

Gosh, your update made me cry. This is the most beautiful thing to see a mum put her child first, front and centre and not just with words but with actions. You are just incredible and I am in awe of you.

Please take care. I'm worried your ex will try and take your daughter or come to your house. Do you have anyone who can stay with you or be with you when going out?

Remember to eat and drink as well as rest when you can and keep your doors locked.

Daleksatemyshed · 31/12/2025 12:23

Really good news @DontGoChasinWaterfalls , at least now you have proper legal protection for your DD if her nasty DF tries to take her.
Your Ex will hate that you showed up his abuse by leaving, by getting this order you've highlighted his abuse again, he's going to be very angry Op. Stay safe x

WilfredsPies · 31/12/2025 12:24

So pleased for you, thank God for a sensible Judge. Please take every precaution to stay safe.

The other thing I would say is that it might be an idea to get MN to take down the thread and then you can post again but with less identifying details. Everyone on here will be aware of what has happened so you’ll still get the support that’s helping you, but there’ll be no danger of him (or anyone of his family members) finding it so he can wave it under the Judge’s nose. I’m not sure how much negative weight would be given to it, but you don’t need that extra stress 💐

Maryaliceyoungx · 31/12/2025 12:29

Such a great update! So pleased you were in front of a judge who put the child’s interests right at the forefront. Hope you can enjoy the rest of the holidays

pikkumyy77 · 31/12/2025 12:32

Well done. I agree with others that 1) you should be on the lookout for escalation of violence from your ex. 2) only update if you are getting comfort and support here.

ChazsBrilliantAttitude · 31/12/2025 12:33

Glad to hear it went well.

Now you have some breathing space to assess what is the right outcome for your DD.

MyrtleLion · 31/12/2025 12:34

I'm really pleased at this outcome for you. I am very worried that your ex could do much worse to you and/or you daughter as a power play. I hope you have a lot of support among friends and family. Stay safe.

Pineleaf6 · 31/12/2025 12:39

You’re such a fantastic mother and she’s so lucky to have you.

Munchyseeds2 · 31/12/2025 12:46

I have read all your updates hoping things would work out for you
He sounds truly unhinged
Well done!!

Nottogetapenny · 31/12/2025 12:49

Such a good update. I’m so pleased the judge came to the right decision. Sending best wishes and hope things calm down and you can enjoy being together. 😘🌺

Shadesofscarlett · 31/12/2025 12:49

more cheers here from the sidelines - also feeling weepy I don't half admire you. In the face of such adversity you have been constant and considered. Your little one will always have a mother to be immensely proud of.

Cat1504 · 31/12/2025 13:08

Wonderful update….im very happy for you both

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