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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
LadyDanburysHat · 07/01/2026 14:46

He has really shown himself up with his behaviour, I would love to see how he is going to explain this to a judge.

SpinningaCompass · 07/01/2026 16:10

Ask your neighbours if they have cameras to help you prove it was him who vandalised your car.

SergeantWrinkles · 07/01/2026 21:22

DontGoChasinWaterfalls · 06/01/2026 21:18

Hi everyone. Thanks for the continued support. I've been trying to regain a sense of normality for DD across the last week. I've made it clear to her if she misses her dad or wants to tell me anything or is worried then she can just tell me and the grown ups will deal with it. She's quite happy being at home but I want her to know I don't discount he's still her father (even though internally he's an abusive cretin). He got served with the court orders last week, I paid for a process server. I'm told he spouted a load of garbage about allegations against me etc. Additionally, I also found some graffiti with a horribly abusive word on my car... I reported it to the police. On Monday morning I applied for a non molestation order, by Monday 3pm it was granted on paper without notice, so I'm just organising another process server to serve him in the coming days. I'm unrepresentated in these proceedings but it's cost a fortune.. I'm just lucky I was sensible with my income from my second job.
Dd is doing OK though, she seems happy and is happy to be back at school in a normal routine. She told me tonight she just loves being at home and with me so I take that as she feels safe with me. We have a return hearing in a few weeks where he's expected to attend and explain his position.. the judge will then order further directions from that xx

Oh goodness op this thread is really bringing up some (unpleasant) memories. I was in a sort of similar situation about 7 years ago and I remember the anxiety it creates. Wishing you and DD the best. It’s very stressful x

Buscake · 09/01/2026 16:26

Does the non mol name your daughter as well as you OP?

keep going, you’re doing a great job no matter how relentless it may feel

EdithStourton · 09/01/2026 18:18

I've just caught up, OP - wishing you all the best for the next hurdle.

SENcatsandfish · 09/01/2026 18:49

You have handled this remarkably.

I just wanted to remind you, that as you now have a non-molestation order, you may well qualify for legal aid again for family so it might be worth checking

Gettingbysomehow · 10/01/2026 09:00

What a bloody nightmare OP. I wont go into detail but I had 5 years of this when DS was 4. Including ex breaking into my house and disappearing with DS for 2 weeks who knows where. In the end I got a no contact order and ex wasnt allowed to see DS at all.
He didn't see him again until DS was 18 and they didn't get on. They still don't.
It would have been far less traumatic for all concerned if they had done that much much earlier.

DontGoChasinWaterfalls · 10/01/2026 09:04

Hi everyone. Thanks for check in. I've experienced some extreme kindness the past few days and I'm so touched. Yes re legal aid, contacted my former Solicitor, if proceedings extend past the next hearing I will instruct her.
DD and I are just getting on, she's OK mostly but understandably has heightened anxiety I Will leave her and not come back so needing lots of extra reassurance x

OP posts:
fashionqueen0123 · 10/01/2026 09:10

The good thing is you have the non mol before you go to court. My colleague had someone from a domestic violence charity come with her to court to sit with her and incase they ran into him in the car park etc before she saw her solicitor. The court was good and made sure they weren’t anywhere near each other inside and different arrival times etc though.
This thread will end soon but good luck with the next hearing if you don’t make a new post and so glad about the legal aid x

WillHeEverStop · 10/01/2026 09:33

Well done, OP. You are so strong.
I am so happy the courts are working out for you and are prompt with hearings. Congrats re: legal aid.

I had some not so great experience. The police endangered me and my DC lives a couple of times by silly mistakes and not taking EX-dh actions serious. At one hearing, a judge literally insulted me for seeking a non-mol order. He tore into me about 'entitled women these days' and 'everything is called abuse'. I left shaken and so afraid. It affected the way I view the justice system and police till date.

'This too shall pass' a mantra i used to see myself through those times. You will one day look back and marvel. Best of luck.

Walkerzoo · 10/01/2026 09:43

Have you thought about contacting Jess Phillips the govt minister? Family court is awful and your case is one of the many to show this.
Take care

Nottogetapenny · 10/01/2026 09:54

Hopefully everything will go, as you would want it too, when it goes to court.
So pleased your DD is happy and safe with you.
You have been amazing! 🌺

Gettingbysomehow · 10/01/2026 09:55

My DS needed a lot of therapy at around 21 after his experiences and the courts tardiness. It left a considerable mark on him.

macbethany · 10/01/2026 11:02

Walkerzoo · 10/01/2026 09:43

Have you thought about contacting Jess Phillips the govt minister? Family court is awful and your case is one of the many to show this.
Take care

yes - although the Family Court handled the christmas time issues well, i'm still wondering why the court changed a 9:5 pattern to a 7:7 pattern five months ago.

DontGoChasinWaterfalls · 10/01/2026 11:52

Well, I think it's partly due to being in a different jurisdiction now. I'm told the habitual area of the court system we are in is very good. We were in a different jurisdiction last time. So far the Court has acted quickly and not only put safeguards in place for DD, but for me also. Just hope he's held accountable at the next hearing.

OP posts:
fashionqueen0123 · 10/01/2026 12:08

DontGoChasinWaterfalls · 10/01/2026 11:52

Well, I think it's partly due to being in a different jurisdiction now. I'm told the habitual area of the court system we are in is very good. We were in a different jurisdiction last time. So far the Court has acted quickly and not only put safeguards in place for DD, but for me also. Just hope he's held accountable at the next hearing.

I have my hopes high for you. I have a couple of friends with actually very good experiences where the judge saw right through the man because they couldn’t even control themselves in court. Plus things are now changing with not automatically giving contact to those parents who have committed abuse against their spouse. I’m hoping it’s going in the right direction.

Foreverautumnagain · 10/01/2026 12:46

Not sure if you've already covered this but have you got CCTV covering accessible areas of your home? There are relatively cheap units available which can sit on a windowsill and be directed at your car or front path etc.

rainbowsinheaven · 10/01/2026 16:01

@DontGoChasinWaterfallsthis thread is almost full - I’m sure I’m not the only one who would like you to make another so you can keep us posted on how things are going. We are all rooting for you!!

DontGoChasinWaterfalls · 10/01/2026 17:35

I will make another xx

OP posts:
OP posts:
rainbowsinheaven · 10/01/2026 17:38

@DontGoChasinWaterfalls I believ (but don’t know how) you can post a link to the new post too xx

Foreverautumnagain · 11/01/2026 18:41

Not sure if you've already covered this but have you got CCTV covering accessible areas of your home? There are relatively cheap units available which can sit on a windowsill and be directed at your car or front path etc.

Maryaliceyoungx · 11/03/2026 08:00

Hi OP - If you are still reading these messages please can I recommend again @ jessrunsforsurvivors on instagram

she details - using her ex husband as an example - how to effectively communicate with a narcacistic ex without rising to their bait.

Festivespirit85 · 11/03/2026 11:23

Maryaliceyoungx · 11/03/2026 08:00

Hi OP - If you are still reading these messages please can I recommend again @ jessrunsforsurvivors on instagram

she details - using her ex husband as an example - how to effectively communicate with a narcacistic ex without rising to their bait.

I second this. I actually thought about the OP yesterday when I was watching one of her videos. I was going to recommend her too.

Festivespirit85 · 11/03/2026 11:24

Maryaliceyoungx · 11/03/2026 08:00

Hi OP - If you are still reading these messages please can I recommend again @ jessrunsforsurvivors on instagram

she details - using her ex husband as an example - how to effectively communicate with a narcacistic ex without rising to their bait.

She's also on FB too if you don't have Instagram.