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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:
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5
MaidOfSteel · 23/12/2025 17:31

Keep posting here, OP, over the next few days. We’re all supporting you and your daughter. I’m sure, come Monday evening, she’ll be home with you.

Your daughter will remember your selflessness all her life and know you always put her first.

LemonLeaves · 23/12/2025 17:35

Oh OP I'm so sorry. I've been checking back on your thread hoping that this afternoon might have yielded a happier outcome.

You are doing the right thing. By going absolutely 100% by the book he cannot level any criticism at you. And you can use this to demonstrate that you are putting your DD first rather than your own feelings, even when he has severely provoked you.

I hope you manage to enjoy Christmas as best as you can, and wishing you a speedy resolution next week.

CosyMintFish · 23/12/2025 17:54

OP you are truly putting your DD’s needs first. Please stay this strong over the next few days, and your dd can celebrate Christmas with you when she is home.

Anothenamechange · 23/12/2025 17:54

I just wanted onto by and say how much sheer admiration I have for you. You are the parent she deserves to have and that her 'father' will never be, one that puts her needs first. I will hold you both in my thoughts and light a candle with a prayer for you on Christmas Day that she'll be returned to you and you will start the new year together. We're always here to listen to a rant or whatever you need x

Brainstorm23 · 23/12/2025 18:02

I'm a divorced father reading this and I'm in awe of you OP. Her father is not doing himself any favours legally or in terms of his relationship with your daughter. Stay strong and fight the good fight. I hope you won't be alone at Christmas and have plenty of in real life support.

Mauro711 · 23/12/2025 18:03

ShawnaMacallister · 23/12/2025 17:22

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.

Me too! She’s handling this with such grace. Her DD obviously knows what a fantastic mum she has, and it’s quite clear that she can tell, already at 7, that her dad isn’t playing fair. I wish she was a few years older and had more to say in the matter.

UsernameFail · 23/12/2025 18:17

I’ve just come across your thread and wanted to send love at this awful awful time. You are being so incredibly strong under such difficult circumstances. I wish I had an ounce of your strength, resilience and level headedness but I completely get you are doing this for your DD.

Do you know what happens once court passes judgement?

DontGoChasinWaterfalls · 23/12/2025 18:37

When I saw her yesterday she did say "I wish he was like you mummy' x

OP posts:
MrsDoomesPattersen · 23/12/2025 18:42

DontGoChasinWaterfalls · 23/12/2025 18:37

When I saw her yesterday she did say "I wish he was like you mummy' x

💔💔💔💔

Maryaliceyoungx · 23/12/2025 19:15

Reading stories like this is heartbreaking. It’s the child that suffers the most and a parent putting their child through that is awful!

constantnc · 23/12/2025 19:34

They grow up and know. My kids barely see their excuse of a father, and despite him withholding them, fighting for custody (only the dd, not ds) and actually telling the judge no thanks to extra days I do need some downtime 🙈, he also barely maintains contact despite the EOW court order in place that he wanted.
Once they lose power they give up.

hulkincredible · 23/12/2025 19:53

Incredibly difficult to not put a foot wrong in such a situation. I salute you.

racierach · 23/12/2025 20:15

I suggest you also make an application for a PSO to prevent him from removing her from your care.
apply to vary the existing order and suspend his time with her.
his behaviour is incredibly damaging and I actually think you should have just removed her from holiday club.

Lougle · 23/12/2025 20:32

I truly admire how calm and child-focused you're being. You really are playing the long game and I hope that the court will do something fast. Will they do anything to stop this happening again on the next week that he has her?

TeideHeart · 23/12/2025 21:01

Lougle · 23/12/2025 20:32

I truly admire how calm and child-focused you're being. You really are playing the long game and I hope that the court will do something fast. Will they do anything to stop this happening again on the next week that he has her?

I think he'll potentially wait till the next Christmas OP's daughter is with her and do it again then. He's only doing it to spoil Christmas for OP, and using their daughter as collateral.

AnnaQuayInTheUk · 23/12/2025 21:05

I'm so sorry but I absolutely think you're doing the right thing.

Harassedevictee · 23/12/2025 21:47

@DontGoChasinWaterfalls I really admire you and your strength. I know it must hurt but you are putting your daughter’s long term welfare first.

I am so glad you managed to see her yesterday. You are right, it doesn’t matter what date it is you will celebrate Christmas with your daughter. 💐

Lamentingalways · 24/12/2025 00:45

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.

I genuinely believe that the court should deem him a danger to her. How can you deprive a child contact with their mother who they thought they would be seeing without a consequence? Being ordered to give her back isn’t a consequence is it? He’ll still have got what he wants. I don’t know what powers the judge in this hearing will have but I hope it’s a woman that’s been treated somewhat badly before by a man and she throws the book at him. It ought to be supervised visits for him until he proves he will return her when he should. Or a fine / formal warning for breaking a court order. It makes me laugh, if this were a HMRC fine he would be in prison by now! I know the courts don’t necessarily work like that though. I’m sorry you’re going through this.

Wellretired · 24/12/2025 08:36

Thinking of you today. Take care. You've got this.

gogomomo2 · 24/12/2025 08:40

Thinking of you op. As hard as it is to wait until Monday, the courts will have other very urgent matters scheduled, alas some will be where a child is in imminent danger etc. Monday seems an age away and tomorrow will be a long day without them but soon you will be reunited

fashionqueen0123 · 24/12/2025 08:43

I’m just wondering how would he be able to send police to your house saying you’ve abducted her? They wouldn’t go to his for a welfare check so why would it be any different? If it’s your week who would you be abducting her from.

CauliflowerCheese00 · 24/12/2025 08:43

Lamentingalways · 24/12/2025 00:45

I genuinely believe that the court should deem him a danger to her. How can you deprive a child contact with their mother who they thought they would be seeing without a consequence? Being ordered to give her back isn’t a consequence is it? He’ll still have got what he wants. I don’t know what powers the judge in this hearing will have but I hope it’s a woman that’s been treated somewhat badly before by a man and she throws the book at him. It ought to be supervised visits for him until he proves he will return her when he should. Or a fine / formal warning for breaking a court order. It makes me laugh, if this were a HMRC fine he would be in prison by now! I know the courts don’t necessarily work like that though. I’m sorry you’re going through this.

The courts today will be dealing with children who would otherwise be spending Christmas with sex offenders, or who have had an adult break their bones.

Yes what the OP and her daughter are going through is awful but honestly have a sense of perspective. OP is being very measured in her response.

DontGoChasinWaterfalls · 24/12/2025 12:35

She's already had the distress of not spending Xmas with me or my family, if I take her it'll just escalate conflict over Christmas and that will be her memories. By Monday it'll just be over 2 weeks, it's hardly a new status quo, especially an unlawful one and the hearing on Monday is an enforcement hearing.

OP posts:
ThejoyofNC · 24/12/2025 12:52

This is heartbreaking OP. You can still have your Christmas day when she's back with you and she will remember it forever.

Your self control at not taking her from the holiday club is unbelievable. And the fact he's 'stolen' her from you, just to put her into childcare is even more bizzare.

JamesWebbSpaceTelescope · 24/12/2025 13:25

If he had childcare arranged does that mean he planned this? It wasn’t a “concern for safety” given something you DD said - which I know is a lie but the argument I assume he is going for.

Will the enforcement change the original order or does it just return to week and week about as if nothing happened?

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