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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
Zippymonkey · 31/12/2025 13:09

Well done op, I have been following the thread. Hopefully this is the beginning of a long term resolution of custody for you both.
Have a peaceful new year.

PositiveCat · 31/12/2025 13:10

@DontGoChasinWaterfalls you probably know this but schools’ safeguarding still gets monitored in the holidays. I’d email the safeguarding email address to update them about what’s gone on.

I also echo pp who said be careful. He’s volatile and vindictive and he may well try to harm you in other ways now.

But mainly, congratulations and long may you and your dd be peaceful and happy together.

itsobviousright · 31/12/2025 13:10

Excellent news. You've conducted yourself with grace and true strength. Stay safe - it wouldn't be unwise to notify the police of this update and have your phone number/address marked for rapid response in the system should you need to call

TickingKey46 · 31/12/2025 13:13

Brilliant I am so pleased, you should be very proud of yourself. Im also delighted the judge has recognised his behaviour is emotionally harming to her.
The family courts dont get it wrong all the time, this is a prime example .... and you represented your self.
The judge in my children's case also recognised the abuse ans risk factors. Hang in there your doing brilliantly

LeopardPants · 31/12/2025 13:18

This is amazing - congratulations you have done an amazing job and your DD is lucky she has you to fight this. So pleased for you both enjoy the rest of the holidays xx

omaru12 · 31/12/2025 13:18

Stay strong. Keep school informed. Write to school and say you do not consent to your child being withdrawn from school just in case your ex tries to move her to a different school.

Please downloads this booklet to use to help argue your case. (from Womensaid).

https://womensaid.org.uk/nineteen-more-child-homicides/

Key findings
In 18 families 19 children were killed by perpetrators of domestic abuse who had access to these children through formal or informal contact arrangements.

  • 17 of the 18 perpetrators were men, 15 of which were fathers to the children they killed. The remaining two were the biological fathers of other children in the family. In one case the perpetrator was female and mother to the child who was killed.
  • There were 28 deaths in total: 19, children, four women, two dogs, and three perpetrators who committed suicide.
  • There were 44 children of the mothers and fathers in these 18 case studies. This means that through these homicides, 25 children lost a sibling, eight lost a parent, and six children lost both a parent and a sibling.
In all the eight cases where the child who was killed was over five years old there was evidence to suggest that they were subject to coercive and controlling tactics by the perpetrator.
  • Coercive control experienced by children included preventing the children from accessing support, medical treatment, speaking to agencies alone or isolating them, verbal and physical threats, and physical abuse of the mother in front of the child/ren.
  • Children were not granted sufficient opportunity to disclose abuse or time to explore their feelings about contact with an abusive parent.
  • In two of the cases, the perpetrators had a history of committing child sexual abuse, including child sexual exploitation. In one of these cases the victim was the mother of one of the children killed and agencies had failed to respond appropriately to this concern at the time.
There is still a widespread lack of understanding of coercive control and how perpetrators use child contact as a tool to manipulate professionals.
  • Claims by perpetrators that their abusive behaviour was a result of only wishing to see their children was common.
  • In the three cases the mother was also killed a Domestic Abuse, Stalking, Harassment and Honour Based Violence (DASH) risk assessment had been completed and was scored as medium risk.
Ensuring specialist support for survivors is key, including financial support to overcome the impact of increases in the cost of living.
  • In five of the cases, the couple appeared to be living together despite being separated. In three of these cases, the reviews stated that this was for financial reasons.
  • In two out of the three cases in the report where the mothers were from a Black or minoritised background there were issues around professionals not using interpreters and fears regarding information sharing from survivors with uncertain or insecure immigration status. Neither of these survivors were supported by a specialist Black and minoritised ‘by and for’ domestic abuse service who could have helped them to understand their rights.

There is a need for a culture shift at all levels in the response to domestic abuse from professionals involved in child contact arrangements, both informal and formal.

  • In the five cases where it was stated that the abusive behaviour of the perpetrator was not known to agencies, there were failed opportunities to ask or follow up concerns regarding domestic abuse.
  • There were two cases in these reviews where opportunities to provide the survivor with relevant information about the perpetrator’s history of abuse were not utilised.
  • In the same way that parental separation is a crucial risk indicator, so is the point in which agencies step down and end involvement. Agency separation, siloed working, and resource constraints was a risk factor for families in these cases.

Nineteen More Child Homicides - Women’s Aid

Nineteen More Child Homicides Nineteen More Child Homicides is the third report published by Women’s Aid in the past three decades as part of Women’s Aid Child First campaign. This report tells the stories of children who have been killed by a parent w...

https://womensaid.org.uk/nineteen-more-child-homicides/

Dawninglory · 31/12/2025 13:24

So pleased Op xx
Happy New Year.

letshavetea · 31/12/2025 13:24

Well done OP. So delighted for you and your daughter. Thank goodness for a sensible judge. Agree with PP please be careful. Your partner sounds angry and volatile. Also agree with informing the school. I also wonder if you ask MN for the thread to be taken down now. Glad it’s provided support and don’t hesitate to comeback. We’ll all remember you.

fashionqueen0123 · 31/12/2025 13:27

That’s such a huge relief you didn’t have to hand her over.

Please do get a ring door bell etc or mini cctv.

You need to remember to protect yourself too - which in turn protects your DD- she needs you to be ok too. Make sure the police are going to go after him for assault if they can. I would really recommend calling women’s aid for advice. He is going to just get angrier and angrier. The school should be able to stall him if he turns up there and call you. But out of that I’d be really worried about his behaviour.

Samamfia · 31/12/2025 13:31

This made me cry, well done x

lizzielizard · 31/12/2025 13:58

PHEW! I think that about says it, apart from to wish you and your daughter a happy, peaceful and safe 2026 and beyond x

Imdunfer · 31/12/2025 14:05

What a great job you're doing for your daughter.

I hope you have a very happy, safe New Year.

WearyAuldWumman · 31/12/2025 14:07

Thank goodness for a sensible judge.

Floppy12 · 31/12/2025 14:10

@DontGoChasinWaterfalls Well done, you are impressive.
Happy New Year and best wishes to you and your daughter.

Middlemarch123 · 31/12/2025 14:14

Best wishes for a better 2026 for you and your little girl OP.
Can I just echo what other posters have said, inform the school. I’m an ex safeguarding lead, and would want to know, no need to know of developments. Log it with the school, doesn’t matter that it’s holidays. In urgent, child at risk cases I was contacted, regardless of whether it was a weekend, evening, holiday. I’d also recommend that you arrange a meeting with safeguarding lead first week of spring term. They will log everything, support you and your daughter. It certainly won’t do any harm, and might be useful as evidence if needed going forward.

BonfireToffee · 31/12/2025 14:26

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 ❤️

I’ve been so worried and upset for you and your daughter, OP —what a fabulous end to my year to know she’s safe with you, and you have absolutely bossed the family court situation. It must have taken you incredible strength not to go in all guns blazing, and you should be incredibly proud x

TimetoPour · 31/12/2025 14:27

I have just read the full thread after a MN break.

I have no advice but just wanted to say that I think you are a wonderful mum @DontGoChasinWaterfalls. I don’t think I have ever come across anyone so composed in this most awful situation. Despite the heart wrenching feelings you must have had, you put your child’s welfare first every single day.

Your calm level headed approach will pay off. Your child will never forget who was the loving, steady, calm, consistent parent in their life.

You stay strong because you are awesome x

PodMom · 31/12/2025 14:27

Good news from your latest update. How has he taken the news? I assume he thought he was getting Dd at some,point today?

REP22 · 31/12/2025 14:36

Oh, @DontGoChasinWaterfalls - just read your latest update. You've made my eyes leak...🥲 So, so pleased that you have been heard, understood and believed by the judge. You are an amazing mum in what sounds like almost unendurable situations.

I wish you, DD and the pets all the very, very best for 2026. xx

Pearlstillsinging · 31/12/2025 14:45

Middlemarch123 · 31/12/2025 14:14

Best wishes for a better 2026 for you and your little girl OP.
Can I just echo what other posters have said, inform the school. I’m an ex safeguarding lead, and would want to know, no need to know of developments. Log it with the school, doesn’t matter that it’s holidays. In urgent, child at risk cases I was contacted, regardless of whether it was a weekend, evening, holiday. I’d also recommend that you arrange a meeting with safeguarding lead first week of spring term. They will log everything, support you and your daughter. It certainly won’t do any harm, and might be useful as evidence if needed going forward.

Just want to echo this.
As soon as term starts make sure the school has a copy of relevant paperwork/court orders. If they feel unable to turn Father away (depending on the wording of the order), ask that they keep him there and ring you, so that you can attend. Ask if they will be prepared to ring the police if he kicks off in their premises.
I'm so pleased the judge is sensible. Happy New Year.

Pearl69 · 31/12/2025 15:08

OP you are awesome. I’m glad you have your DD with you for new year and support of the courts and police. Take care of yourself and wishing you a bright 2026.

MaggieBsBoat · 31/12/2025 15:11

Your latest update has brought me to tears. I am so happy that things are coming together and you and your DD are safe.

Londonmummy66 · 31/12/2025 15:16

I'm so glad the judge in this case was sensible and that you can have your DD until the next hearing. I would really endorse all the advice you have had on here regarding pressing charges and having a good look at your home security. I don't want to scaremonger but if ex gets drunk tonight/another night he may decide that putting you in hospital might mean he'd get DD. COuld you go away for a couple of days or would this unsettle DD.

Finally do get on to the safeguarding email at the school and explain that he kicked off and police had to be called to another childcare setting when he attempted to breach a court order. Explain that it was upsetting for DD and ask for an urgent meeting (probably with the DSL and the head) to discuss how to prevent this happening on school premises whilst you have the current order.

Ihatelittlefriendsusan · 31/12/2025 15:17

Omg thatbis amazing @DontGoChasinWaterfalls!!! Well done for staying calm and waiting it out!!

I would suggest informing the police of the change and advising them that after the events of the recent change you are concerned for your safety. They will flag your address so if anything happens and you or a neighbour calls 999 they will send an urgent response.

Fm

GreenGodiva · 31/12/2025 15:17

Brilliant update! I’m delighted for you both. Happy new year!

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