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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:
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ShawnaMacallister · 22/12/2025 17:34

Thank goodness it's been processed and I think you did the right thing. Stay strong, stay calm, stay focused. Never appear emotional in front of a judge, they may see you as irrational. The family court is awful.

Icanflyhigh · 22/12/2025 17:35

You're amazing and strong, well done and fingers crossed she's home tomorrow xx

MaidOfSteel · 22/12/2025 17:57

I truly admire your courage, OP. Wishing you and your daughter a wonderful Christmas together.

Yeswoman · 22/12/2025 18:02

You're being very smart here. Any judge worth their salt will see that you're the responsible parent here and trying to cause minimal upset to your child. I know it's hard exercising restraint like this. hope things go your way at the hearing.

Cursula · 22/12/2025 18:03

Another hand hold here for you. I admire your strength and courage and have everything crossed for you. Sending unmumsnetty hugs.

Squirrelchops1 · 22/12/2025 18:07

Wow, your strength and commitment to remain child focused and despite it killing you, not making rash decisions is to be applauded.

blankcanvas3 · 22/12/2025 18:10

Oh OP your update made me cry. I’m so glad you got to see her. I think you are doing the right thing and the judge can see through her dad, he’s clearly an absolute bastard. I’ll have my fingers crossed that she’s back at home with you for Christmas xx

MrsPositivity1 · 22/12/2025 18:21

Great news and what a great mum you are

Revavalley · 22/12/2025 18:25

OP my father took me away from my mother when I was 5. I can still remember how my father and grandparents spoke about my mother. The Police did nothing (it was 1981) times have changed. It scarred my mother and she still goes over how it felt to this day. I hope your daughter and you, have a long and happy life together

Gabbycat245 · 22/12/2025 18:29

You are amazing, OP. Your update made me cry. Bring on some good news tomorrow.

Toomanysofttoys · 22/12/2025 18:31

I do hope she's home soon and that karma gets him. I'm rubbish at law but what could be the outcome here?

DontGoChasinWaterfalls · 22/12/2025 18:32

I won't lie and say this hasn't broken me. I'm like a shattered mirror been pieced back together currently. When I thought he couldn't get any lower. But in the grand scheme of things he's a nothing. He's insignificant. DD will make her own mind up in the future.

OP posts:
DontGoChasinWaterfalls · 22/12/2025 18:33

As its a simple enforcement of the order the outcome is simply she's returned as he's unlawfully withholding her.

OP posts:
Toomanysofttoys · 22/12/2025 18:36

Can something be put in place so he can't do this again. I really want him punished.
Hope he gets flu and soils himself on Christmas day

B0D · 22/12/2025 18:55

Your strong OP and handling this really well.

long time ago my abusive ex tried to mess me around in court over several years. Including withholding dc as a baby and lots of threats about SS and welfare etc. over the years the court thought they saw a reformed parent (fools) and gradually increased contact to overnights.It used to break my heart having to send dc under duress, and always uphold the order, and tell him daddy loved him, when all the time I knew he didn’t care about the emotional damage he was causing to his child by trying to control me. By the time he was a little older than your daughter is now, my dc decided of his own accord he did not want to see him anymore and I put that to him with my solicitors advice, to challenge him to take it back to court. Ex didn’t pursue it and we never saw him again. It’s incredibly sad which ever way it goes. I know it isn’t the same as your situation but just sending solidarity and support that you can get through this and your daughter can see what he’s like.

Dairymilkisminging · 22/12/2025 19:16

You are certainly stronger than I am leaving her there. Well done. I dont say things lightly but what an amazingly strong person you are.

Keep it up op!

Eyeshadow · 22/12/2025 19:16

Holiday club people were amazing they made it clear they cannot prevent me to take her.

I don’t understand why you wouldn’t just take her from holiday club and then refuse him access unless he goes back to court.

He’s going to find out you went to the holiday club and pull her out.

MrsDoomesPattersen · 22/12/2025 19:26

Eyeshadow · 22/12/2025 19:16

Holiday club people were amazing they made it clear they cannot prevent me to take her.

I don’t understand why you wouldn’t just take her from holiday club and then refuse him access unless he goes back to court.

He’s going to find out you went to the holiday club and pull her out.

But she didn’t take her - so I’m thinking he will actually think “oh she’s going by the book” and won’t pull her out

far far better for OP to do what she’s doing and have the chance his having current custody conditions for him revised

courts will see OP hasn’t put a foot wrong-

your way it could look like 6 of one and half a dozen of the other

DontGoChasinWaterfalls · 22/12/2025 19:28

DD won't tell him. The holiday club people said they'd only say if DD mentions it. I know DD, she won't tell him.

OP posts:
Lamentingalways · 22/12/2025 19:35

I think you need a solicitor here surely? There has to be some thing that you can pin on him for making up these lies? Harassment? Also, your daughter will see him for what he is and will go no contact as soon as she can I’m sure. My daughter remembers some similar (not this bad) things 10 years later that I had forgotten and now is completely non contact.

Good luck.

ShawnaMacallister · 22/12/2025 19:42

Toomanysofttoys · 22/12/2025 18:36

Can something be put in place so he can't do this again. I really want him punished.
Hope he gets flu and soils himself on Christmas day

A penal notice could be attached to the order so that if he breaches it he could be arrested. It's unlikely this would be the outcome at this stage, but it could be if he continues to breach and force OP to return to court again in future.

tiv2020 · 22/12/2025 19:51

OP thanks god you seem very well versed in all aspects of how this works
I hope this goes down the route you want. Do whatever is on your power to minimize his access going forwards.

EineReiseDurchDieZeit · 22/12/2025 20:08

Best Wishes That You Have Her Back For Christmas Flowers

CosyMintFish · 22/12/2025 23:01

OP, I wish you strength over the next 24 hours while you’re waiting for your dd, and hope you have a lovely Christmas together

Squirrelchops1 · 23/12/2025 10:50

ShawnaMacallister · 22/12/2025 19:42

A penal notice could be attached to the order so that if he breaches it he could be arrested. It's unlikely this would be the outcome at this stage, but it could be if he continues to breach and force OP to return to court again in future.

The term penal notices dont get used in family court. I recently learnt this.