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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
Bearybasket · 31/12/2025 15:19

I just want to say OP, reading through this thread I’ve been blown away by how eloquent, focused and quietly badass you are in the face of such a distressing situation. Your dd is incredibly lucky you have you as a mum.

Iamvictorio · 31/12/2025 15:19

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.

Thank you for all this info.

Greengreengras · 31/12/2025 15:49

i can’t offer much but from reading all of this post I hope you got him charged. You need everything you have to support your case. He threatened your life. You’ve got this! You’re a great mum to your daughter x

Thehop · 31/12/2025 16:07

Well done OP. You've been amazing

SpinningaCompass · 31/12/2025 16:41

Brilliant update.

Make sure you are fully prepared to record any and all encounters with your ex over the next few weeks.

harlemshake · 31/12/2025 16:51

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

this is so so so good on you to not have taken her because it would affect the outcome for you so much , as much as him also anyway.

Good on you, and i hope it all gets sorted.

BellissimoGecko · 31/12/2025 16:57

Well done, op. Am in awe of how calm and focused on your DD’s wellbeing you have been through this.

BalletBee · 31/12/2025 17:06

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 ❤️

What a lovely way to close 2025 !

This just shows OP, that your calm and restraint, and following everything to the letter actually worked.
Well done, and a Happy New Year to you and your DD.

Branleuse · 31/12/2025 17:16

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.

That's irrelevant and inappropriate here.

Branleuse · 31/12/2025 17:19

Oh OP, what a brilliant update. Well done you. You are so strong

Mere1 · 31/12/2025 17:31

Rosybud88 · 31/12/2025 11:54

I have been following and I’m absolutely thrilled for you! So relieved x

Me too.

GasperyJacquesRoberts · 31/12/2025 17:32

I'm really happy for you that the judge is taking you seriously and that she's making good decisions to protect your daughter. It absolutely sucks that you've found yourself in this position but I'm in awe at how you've handled this. Well done!

shuffleofftobuffalo · 31/12/2025 17:55

I’ve been following along OP - you’ve been incredible and I admire how you’ve navigated this with such dignity with your child at the heart of your actions.

BigBen12 · 31/12/2025 18:26

Congratulations on your outcome, you have handled this with grace that I didn’t know existed in that situation. I hope the judge continues in your favour and that you have a wonderful NY with DD.

Bloozie · 31/12/2025 18:46

So pleased the courts continue to move quickly for you. I hope the fallout from your ex isn’t horrific.

DontGoChasinWaterfalls · 31/12/2025 18:54

Hi everyone. Thank you for the continued support and posts.
Things have been calm. DD has been quite worried today as she knew there was contact today. From previous proceedings she understood what a Judge is so I told her the Judge and I had a chat and you'll just be staying with mummy for the moment. To say she was relieved was an understatement. I'm just taking it day by day but she's safe and that's all I care about. As for him, he's not above the law and today someone recognised that. I will take all the advice on board and I will get this thread removed and create another with less identifying details as I sincerely appreciate the support x

OP posts:
BigJanette · 31/12/2025 18:57

Just wanted to wish you and your dear little DD a very Happy New Year (I bet it's been like all your Christmases come at once having her back with you 🤩 )
I sincerely hope 2026 is the year where your dreams come true ✨️

AnnieKenney · 31/12/2025 18:58

I am so glad that things have worked out well and for those of us that butt heads with the powers that be governing conduct in the Family Courts (25 years and counting...), your story gives us hope that we are finally managing to have some influence. Thank you for sharing and best wishes for a happy new year!

k1233 · 31/12/2025 19:01

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

I think @DontGoChasinWaterfalls is conducting herself so well it would be difficult for a judge to reach a different conclusion. If she had taken her daughter from holiday care as many urged and withheld her, then she would have been just as bad as her ex. @DontGoChasinWaterfalls has demonstrated extremely clearly that she will follow the court contact order, she will not take matters into her own hands when her ex breaches those orders and she will work with the court to protect her daughter from emotional harm.

The exact content of the submissions hasn't been shared, however going from @DontGoChasinWaterfalls posts I'm sure they were non emotive, non finger pointing and very clear on the breach and outcome requested. This did not include stopping her ex from seeing DD, just asking for the contact order to be enforced. The ex's conduct has resulted in the current outcome. He has shown total disregard for the court by firstly withholding access and then attempting to frustrate the renewed court order.

If @DontGoChasinWaterfalls had of played the same game as her ex, the court wouldn't have been able to make the order it currently has.

fashionqueen0123 · 31/12/2025 19:10

DontGoChasinWaterfalls · 31/12/2025 18:54

Hi everyone. Thank you for the continued support and posts.
Things have been calm. DD has been quite worried today as she knew there was contact today. From previous proceedings she understood what a Judge is so I told her the Judge and I had a chat and you'll just be staying with mummy for the moment. To say she was relieved was an understatement. I'm just taking it day by day but she's safe and that's all I care about. As for him, he's not above the law and today someone recognised that. I will take all the advice on board and I will get this thread removed and create another with less identifying details as I sincerely appreciate the support x

Good idea. This thread will run out soon anyway.
Thank god you don’t have to give her back today.

blankcanvas3 · 31/12/2025 19:25

DontGoChasinWaterfalls · 31/12/2025 18:54

Hi everyone. Thank you for the continued support and posts.
Things have been calm. DD has been quite worried today as she knew there was contact today. From previous proceedings she understood what a Judge is so I told her the Judge and I had a chat and you'll just be staying with mummy for the moment. To say she was relieved was an understatement. I'm just taking it day by day but she's safe and that's all I care about. As for him, he's not above the law and today someone recognised that. I will take all the advice on board and I will get this thread removed and create another with less identifying details as I sincerely appreciate the support x

Will look out for your new thread. Happy new year xx

Squirrelchops1 · 31/12/2025 19:32

I've just read your update and I'm so pleased things are, as they are.
As an aside, I'm a Magistrate in family court and I feel I've learnt a lot from your experience, so thank you for sharing.

Beannaithe · 31/12/2025 19:35

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 ❤️

So sorry you and your daughter are going through this. Abusive people can use the family courts to continue their abuse. The family courts need to wake up to this. Narcissistic individuals who lie convincingly can fool social services, CAFCASS and judges.
Here's an organisation trying to highlight this abusive use of the courts.
https://peepsa.org/

PEEPSA (Prevent Educate Eradicate Post Separation Abuse)

We understand domestic abuse doesn't always stop when you leave. We understand Post Separation Abuse. We are here for you.

https://peepsa.org

scarletthollie5 · 31/12/2025 19:36

Well done for putting your daughters needs above all else , dealing with the anguish of having your child not with you must have been torture. However, the judge could clearly see that you had her best interest at heart , and it is great to see a judge acting with common sense which unfortunately has been known to be lacking in these cases .

my very best wishes for a more settled, Happier New Year for you and your daughter.

disappearingfish · 31/12/2025 19:44

All the best OP.

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