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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
StealthMama · 23/12/2025 12:19

Thinking of you today OP. Hoping for positive steps forward.

ShawnaMacallister · 23/12/2025 12:33

Squirrelchops1 · 23/12/2025 10:50

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

Edited

I'm pretty sure this isn't correct but IANAL
www.lexisnexis.co.uk/legal/family-law/enforcement/contempt-committal-in-family-proceedings

ApolloandDaphne · 23/12/2025 13:37

I hope she is returned to you today.

Squirrelchops1 · 23/12/2025 13:48

ShawnaMacallister · 23/12/2025 12:33

Enforcement in family court is via fine, community work or prison. The term penal is not used. I observed a parent using the term penal about 5 weeks ago and they were told the same.

stillchasingdereksheppard · 23/12/2025 14:13

@DontGoChasinWaterfallsi hope your DD is back with you today.
You have been so strong and done everything right. Leaving her at the club is exactly the right thing and to 'follow the rules' and get her back officially.
The court will eventually get bored of his games and just give you residency so long term is absolutely the right thing to do and your DD is seeing that there is a calm measured response to dealing with conflict but also knows you love her and are sorting it.
Well done for putting her first even though it must be awful for you.
Again he might have won the battle for a few days but you're right that your DD will see him for what he is and will make her own mind up and the court will see through his nonsense too.

Hope you get her back today and that you can enjoy your Christmas together after all.

DontGoChasinWaterfalls · 23/12/2025 15:48

Hi all. Update today. Court have listed hearing on Monday. Court closes from tomorrow so they've listed it first thing on Monday when they reopen. It's hard as she'll miss Christmas at home. But I have to keep being strong.

OP posts:
ShawnaMacallister · 23/12/2025 15:50

That's a shame, and I'm sure it will feel really hard, but you can do Christmas next week when she's back with you. Do you have anyone to spend the next few days with?

MrsDoomesPattersen · 23/12/2025 15:52

Oh gosh how devastating - let’s hope she is returned before then by her father 🙏

you must be broken and hurting so much

StealthMama · 23/12/2025 15:59

Is there any communication with your ex OP? Out of interest is he on his own or with family/ new relationship?

EineReiseDurchDieZeit · 23/12/2025 16:02

I really feel for you OP. Hopefully the court will see that he’s not to be trusted and act accordingly Flowers

lostmywayrightnow · 23/12/2025 16:07

Wishing you well op, I am so sorry that there is yet more wait.

DontGoChasinWaterfalls · 23/12/2025 16:10

There wasn't judicial time today and having researched I can see that courts rarely offer written directions in these circumstances, they list a hearing then enforce the order and order return. I'm taking some comfort in the fact they've listed it pretty much first thing on Monday when the Court reopens. I've served him the papers on the court ordered parenting app we use to communicate on but unsure he'll read them.

OP posts:
sorrynotathome · 23/12/2025 16:24

@DontGoChasinWaterfalls your thread has had me in tears - and I am really not an emotional person at all! I can't imagine going through this and remaining as calm and strong as you. I really hope it is resolved soon and you can both put it all behind you. And I love your username (I was listening to the song the other day). Best of luck xx

dapsnotplimsolls · 23/12/2025 16:28

Isn't next week his week?

Livingthedream1978 · 23/12/2025 16:30

I’m so sorry this has happened to you and your DD. You are being so strong and calm. I really hope he sees sense and returns her for Christmas.

DontGoChasinWaterfalls · 23/12/2025 16:30

I think having been in the family court for a long time I understand what not to do. I can't apply for enforcement then take matters into my own hands. As much as the silence is deafening, I want to hold her, kiss her little face and tell her how much I love her and miss her, I know having seen her yesterday how this is affecting her too. He's excluded me from her at Christmas, one of the cruelest things anyone could ever do and I am quite certain she won't forget this, so in my mind I think, DD needs me to be that parent who above all else can put her needs above my own. Yes, nothing stops me legally from taking her, but she's already confused and distressed, the minute I do that he will send police to my house saying I've abducted her. I can't have DD exposed to further intrusion from statutory services. I promised myself after proceedings concluded my ultimate aim is just for her to be a child and have a happy childhood, at least at home anyway. What her father has done is unforgivable but I'm determined to have Christmas with her whenever she's back. The tree will stay up and she'll see her maternal family and have her Christmas dinner. Seeing her yesterday gave me strength. Her father is the literal devil and I've danced with the devil before, I can do it again.

OP posts:
yikesss · 23/12/2025 16:31

DontGoChasinWaterfalls · 23/12/2025 15:48

Hi all. Update today. Court have listed hearing on Monday. Court closes from tomorrow so they've listed it first thing on Monday when they reopen. It's hard as she'll miss Christmas at home. But I have to keep being strong.

Christmas is an occasion not a date, you can celebrate when she is home and she gets 2x Christmases! Stay strong x

Frankiecat2 · 23/12/2025 16:35

I’m so sorry, OP. You are doing the right thing. What an absolute bastard he is, causing this confusion and upset to a little girl at Christmas. I hope you are as ok as you can be.

Mauro711 · 23/12/2025 16:39

I have just found this thread and read all the updates. This is absolutely heart breaking. I have tears in my eyes just reading through it. Will there be no consequences for this behaviour for him? You will just go back to 7/7 and hope that he will return her as planned the next time? That will be incredibly stressful. Will the courts not listen to a 7 year olds wishes at all? I'm guessing not, as 7 is really quite young.

I hate him for you!

Mauro711 · 23/12/2025 16:39

And yes, you are doing the right thing by going through the legal route and not taking matters into your own hands. This will at least be on record now.

WingingItSince1973 · 23/12/2025 16:47

Oh OP I've just checked on this thread hoping your DD was back with you. You are an amazing mum putting her needs first and trying not to traumatise her further. But what an absolute a Hole he is keeping her from you and then putting her in holiday club??? Is he working? If so hopefully the court will see this it actually a really petty move from him. Neither of you are seeing her. Obviously she goes back to him after work but still it's awful he has put her in holiday club!!! I feel sick for you so I can't imagine how you feel and the strength you had to leave her at the club. This time next week it will all be sorted. Just take each day as it comes until then and I hope he sends her back sooner than later xxxx

blankcanvas3 · 23/12/2025 17:08

So sorry that you won’t be with her on Christmas, I hope he chokes on his turkey.

FigurativelyDying · 23/12/2025 17:17

@DontGoChasinWaterfallsI am sending you love and the strength to get through these difficult days Like many others, I had tears in my eyes reading your updates. I can’t imagine what you and your daughter are going through. I am in awe of your strength.

ShawnaMacallister · 23/12/2025 17:18

dapsnotplimsolls · 23/12/2025 16:28

Isn't next week his week?

That's irrelevant, this hearing is to deal with a breach which needs to be enforced.

ShawnaMacallister · 23/12/2025 17:22

Mauro711 · 23/12/2025 16:39

I have just found this thread and read all the updates. This is absolutely heart breaking. I have tears in my eyes just reading through it. Will there be no consequences for this behaviour for him? You will just go back to 7/7 and hope that he will return her as planned the next time? That will be incredibly stressful. Will the courts not listen to a 7 year olds wishes at all? I'm guessing not, as 7 is really quite young.

I hate him for you!

There is no way to tell at this point if any changes will be made to the care arrangements. He may get a metaphorical slap on the wrist and made to sign an undertaking not to do it again. If that happens and he does breach again then it would become a serious offence - not criminal, but a contempt of court and OP could then be considered to apply for a change of care arrangements. It's a bloody awful process but she knows the score. I'm in awe, I've rarely seen a parent behave so calmly in the face of such provocation.