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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
Nocookiesforme · 31/12/2025 19:50

All the best to you and your DD - you have fought like a lioness to protect your cub. I wish you a better 2026 and that the ex gets everything he deserves via the court system my lovelies but please consider pressing those charges to future protect you both xxxx

QuirkyBeaker · 31/12/2025 19:55

You are incredible OP, your strength to do what was right by your DD and not just follow your emotions is incredible. I am so glad that at the moment everything is going well. Your DD is so lucky to have such an incredible mother! Happy New Year, I hope it is a smoother one!

MaidOfSteel · 31/12/2025 20:37

Wishing you & your daughter a happy, calm and peaceful new year, OP. You’ll both be in my thoughts. X

BustyLaRoux · 31/12/2025 21:24

Branleuse · 31/12/2025 17:16

That's irrelevant and inappropriate here.

You’re missing my point.

scandimamaUK · 31/12/2025 22:15

please do save a copy of this thread somewhere, OP. If nothing else, I think you will look back at it later and feel awed, as we have felt reading it, and also immensely proud of the way you never lost sight of your daughter’s best interests or allowed her dad’s appalling behaviour to cloud your judgement. Truly inspiring to read. Your strength and integrity is extraordinary. Please do keep this thread as a record.

TidyCyan · 31/12/2025 22:34

BustyLaRoux · 31/12/2025 21:24

You’re missing my point.

Not sure it's a point that needed to be made on this thread.

ForeverPombear · 31/12/2025 22:42

BustyLaRoux · 31/12/2025 21:24

You’re missing my point.

The PP is right, it's not a point to be made on this thread.

You're right in what you're saying but also admit that it isn't the case with OP so the only thing you're doing is derailing the thread with a point that isn't relevant.

MonGrainDeSel · 31/12/2025 22:45

Well done, @DontGoChasinWaterfalls. Delighted that you have had a good outcome and wishing you every happy thing for the future. You've been immensely dignified in this scary time and I just wanted you to know that I admire how you have handled this.

BustyLaRoux · 31/12/2025 22:48

ForeverPombear · 31/12/2025 22:42

The PP is right, it's not a point to be made on this thread.

You're right in what you're saying but also admit that it isn't the case with OP so the only thing you're doing is derailing the thread with a point that isn't relevant.

It was just in response to someone else’s post was all. I had already apologised if it caused offence and clarified my intent. I suggest YOU stop derailing the thread by commenting on a post from several pages back which has already been dealt with. Move on.

ForeverPombear · 31/12/2025 22:51

BustyLaRoux · 31/12/2025 22:48

It was just in response to someone else’s post was all. I had already apologised if it caused offence and clarified my intent. I suggest YOU stop derailing the thread by commenting on a post from several pages back which has already been dealt with. Move on.

😂😂Happy New Year to you too!

GinGenie · 31/12/2025 22:56

Just sending all the lucky wishes to you and your dd, what a wonderful mother you are. Heres to a better 2026 for you both 💐

MaryBeery · 01/01/2026 01:06

Well done @DontGoChasinWaterfalls . Having to be away from your daughter at this time of year must've been so hard, but you acted in the best long term interests of your daughter, and you've been rewarded by getting a sensible judge to rule in your favour. I second the many suggestions of upping the security measures around your house if you can, as the escalation at pick-up time indicates he's unlikely to react well to being thwarted in this way.

SergeantWrinkles · 01/01/2026 05:11

Well done op. And happy new year to you and DD

Metalplate · 01/01/2026 10:04

Although you have been through hell I’m please for you judges usually are very wise to parents who behave like your ex .

it used to be courts wanted both parents fully involved and will give an abusive parent access as they don’t see the impact on the other parent and the child. Eg the judge is almost saying - can you both adult up and stop fighting and don’t see in cases like this that you are not fighting he is just not being reasonable. Courts used to give them time and time again to ‘learn and behave’ and warnings etc

Now the tide is turning and the philosophy that a child needs both parents is the ideal but if a parents continues to abuse process or the normal home environment contact can be cut to zero. Evidence is now that one parent providing a happy stable home with no contact with a parent that is causing harm is better than having a the other parent breach orders cause emotional harm etc and it is in fact much better to terminate their contact with the child - for the child.

macbethany · 01/01/2026 10:12

scandimamaUK · 31/12/2025 22:15

please do save a copy of this thread somewhere, OP. If nothing else, I think you will look back at it later and feel awed, as we have felt reading it, and also immensely proud of the way you never lost sight of your daughter’s best interests or allowed her dad’s appalling behaviour to cloud your judgement. Truly inspiring to read. Your strength and integrity is extraordinary. Please do keep this thread as a record.

I second all of this comment. Your informed approach has been inspiring. Your daughter is very fortunate to have a mum like you. Hope 2026 is happier!

Deedee248 · 01/01/2026 11:24

All the best to you, OP. You are doing an amazing job and you should be very proud of yourself. Wishing you and your lovely little girl all the best for this year and beyond. She will grow up to know that her mother always had her best interests at heart.

MrsChristmasHasResigned · 01/01/2026 12:31

I think @Metalplate is right - it is really nice to hear a positive story about the courts - we hear so much about what goes wrong, its lovely to hear it doing what it is supposed to do and keeping these abusive people away from children.

BillyBites · 01/01/2026 14:04

Has your ex been in touch with you at all since he (presumably) heard the judge’s decision? I mean, he can’t have taken it well. I hope you didn’t have to suffer further abuse, face-to-face or via message.

ShawnaMacallister · 01/01/2026 14:08

MrsChristmasHasResigned · 01/01/2026 12:31

I think @Metalplate is right - it is really nice to hear a positive story about the courts - we hear so much about what goes wrong, its lovely to hear it doing what it is supposed to do and keeping these abusive people away from children.

True - eventually - but OP has also been put through 5 years of litigation, a fact finding hearing and a final order that granted 50/50 shared care to an abusive man. It took him essentially kidnapping the child and then threatening the OP to result in a decision (and it is only an interim decision) that actually safeguards the child.

Metalplate · 01/01/2026 14:11

ShawnaMacallister · 01/01/2026 14:08

True - eventually - but OP has also been put through 5 years of litigation, a fact finding hearing and a final order that granted 50/50 shared care to an abusive man. It took him essentially kidnapping the child and then threatening the OP to result in a decision (and it is only an interim decision) that actually safeguards the child.

It normally does. It takes years as they take the view (usually( that is : he says, she says ….
his truth and her truth and reality is in the middle.

sadly many cases it is he says pack of lies, she says truth and her reality is the reality

DontGoChasinWaterfalls · 01/01/2026 17:40

Hi everyone just a little check in from me. Been working the last couple of days. DD is having a lovely sleepover with a good friend of mine. Been receiving lots of pics and updates and she looks happy and safe :) I'll see her tomorrow. I have two jobs, when the Court made the order for 7/7 I restructured my life to be able to earn additional income in a second job so the weeks DD went with dad i was working 75/80 hours per week. Obviously now my priority is her so had a chat with my manager and we're just going to see how weekends go for now, it means a bit of adapting and DD going to my friends for sleepovers (which she loves) but I need the income from the second job as not sure if at some point I'll need to instruct a barrister. Although, from my experience in the family court I've always seen barristers as people who put forward a favourable account for the judge to accept, so far I've only needed to stick to the facts. I've scheduled for a process server to serve him personally in the next day or two. Also two court applications, a process server, a ruined Christmas has lost me close to £2000, it's worth it to know DD is now in my care and safe. I am worried we'll go into full proceedings again after only finishing a year's of court only 4 months ago but just taking it day by day. What I have learnt in times of crisis is I have an incredible support network, my family, my friends have just all come together to support us and of course my lovely mumsnet users on this post xx

OP posts:
EineReiseDurchDieZeit · 01/01/2026 17:42

@DontGoChasinWaterfalls how stressful and complicated for you, you’re in my thoughts

WillHeEverStop · 01/01/2026 18:33

DontGoChasinWaterfalls · 01/01/2026 17:40

Hi everyone just a little check in from me. Been working the last couple of days. DD is having a lovely sleepover with a good friend of mine. Been receiving lots of pics and updates and she looks happy and safe :) I'll see her tomorrow. I have two jobs, when the Court made the order for 7/7 I restructured my life to be able to earn additional income in a second job so the weeks DD went with dad i was working 75/80 hours per week. Obviously now my priority is her so had a chat with my manager and we're just going to see how weekends go for now, it means a bit of adapting and DD going to my friends for sleepovers (which she loves) but I need the income from the second job as not sure if at some point I'll need to instruct a barrister. Although, from my experience in the family court I've always seen barristers as people who put forward a favourable account for the judge to accept, so far I've only needed to stick to the facts. I've scheduled for a process server to serve him personally in the next day or two. Also two court applications, a process server, a ruined Christmas has lost me close to £2000, it's worth it to know DD is now in my care and safe. I am worried we'll go into full proceedings again after only finishing a year's of court only 4 months ago but just taking it day by day. What I have learnt in times of crisis is I have an incredible support network, my family, my friends have just all come together to support us and of course my lovely mumsnet users on this post xx

Op, you are just such an admirable person. Having had experience with SS, Police, Family Court etc i salute your resilience and level headedness.

It is hard. Very hard. And that's a massive understatement.

I have no words, honestly.
Sending you strength and best wishes.

Imdunfer · 01/01/2026 20:48

DontGoChasinWaterfalls · 01/01/2026 17:40

Hi everyone just a little check in from me. Been working the last couple of days. DD is having a lovely sleepover with a good friend of mine. Been receiving lots of pics and updates and she looks happy and safe :) I'll see her tomorrow. I have two jobs, when the Court made the order for 7/7 I restructured my life to be able to earn additional income in a second job so the weeks DD went with dad i was working 75/80 hours per week. Obviously now my priority is her so had a chat with my manager and we're just going to see how weekends go for now, it means a bit of adapting and DD going to my friends for sleepovers (which she loves) but I need the income from the second job as not sure if at some point I'll need to instruct a barrister. Although, from my experience in the family court I've always seen barristers as people who put forward a favourable account for the judge to accept, so far I've only needed to stick to the facts. I've scheduled for a process server to serve him personally in the next day or two. Also two court applications, a process server, a ruined Christmas has lost me close to £2000, it's worth it to know DD is now in my care and safe. I am worried we'll go into full proceedings again after only finishing a year's of court only 4 months ago but just taking it day by day. What I have learnt in times of crisis is I have an incredible support network, my family, my friends have just all come together to support us and of course my lovely mumsnet users on this post xx

How on earth have you coped with all that? You are admirable. I hope 2026 resolves some of your issues. If you had a justgiving page I'd very happily send you a few quid towards your legal fees.

OneLilacHare · 01/01/2026 21:44

Ibhave been lurking and following your story but i didn't feel i had much to add appart from my admiration of your calm resilience and absolute focus on your daughter's wellfare.

Now however I want to echo the pp. I don't know how anonymous you can make just giving but do consider if you need funding for legal fees that many of us who have been reading your posts would happily contribute.

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