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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
Douchey · 24/12/2025 13:34

Im just a stranger on the Internet and I know this means nothing, but i wanted to say the restraint youre showing not to go round and take your daughter is remarkable. I really hope doing things by the book pays off and he won't get his hands on her again. I hope you have the best christmas you can xx

Lamentingalways · 24/12/2025 14:02

CauliflowerCheese00 · 24/12/2025 08:43

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.

I didn’t say they should do anything other than give him a harder time than just ordering him to hand her back over! Just because people have it worse than others doesn’t mean this is okay. And I don’t want to argue about this with a stranger on the internet, it’s my opinion and I don’t need you to counteract it thanks! Just post your opinion on the thread and leave me out of it! So weird to try and argue with someone you don’t know, find something else to do with your time. Maybe go and help all the victims of SA that you care so much about.

ShawnaMacallister · 24/12/2025 16:13

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.

He'd have no compunction lying, unlike OP

ShawnaMacallister · 24/12/2025 16:18

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?

Nobody can answer that at this stage, least of all OP. The court will do what they will do. If this is the first breach and enforcement they may not change the order but may expect him to sign an undertaking. Or they may grant a prohibited steps order but that's less likely.

TheHillIsMine · 24/12/2025 16:57

I really hope you have your daughter back soon and if not by Monday night.

LuckyPeachStork · 24/12/2025 16:57

So sorry this is happening to you OP. You're doing amazing.

What horrifies me most about this is that this man is using his daughter as a device to abuse and torment his ex—the exact same way my father did to my mother nearly forty years ago and it feels as though absolutely nothing has changed. The courts still allow it to happen.

Maybe it’s to a slightly lesser degree than when I was a child, but from what I’m reading, not by much. My mum was always terrified when I went to visit my dad, afraid that he would do something like this. It was the 1980s, and it would have been met with little more than a shrug. I genuinely believed times had changed. Apparently, they haven’t.

ManyPigeons · 24/12/2025 17:52

I don’t see why if he takes her the police won’t even do a welfare check but then you say if you take her he will have the police round. Surely they’d reject his request to get her too?

ShawnaMacallister · 24/12/2025 18:05

ManyPigeons · 24/12/2025 17:52

I don’t see why if he takes her the police won’t even do a welfare check but then you say if you take her he will have the police round. Surely they’d reject his request to get her too?

He's already lied to police and social workers alleging that OP has harmed the DD, he'd lie again. Anyway what's the point? Police won't return her, it would cause everyone stress for nothing and undermine her court application.

fashionqueen0123 · 24/12/2025 21:45

ShawnaMacallister · 24/12/2025 16:13

He'd have no compunction lying, unlike OP

But shed be able to prove it was her week. And she can’t kidnap her own child. I doubt the police would even bother to go round in the first place. If they would, they would have got the little girl from the dad.

ShawnaMacallister · 24/12/2025 21:50

fashionqueen0123 · 24/12/2025 21:45

But shed be able to prove it was her week. And she can’t kidnap her own child. I doubt the police would even bother to go round in the first place. If they would, they would have got the little girl from the dad.

They wouldn't though. Police won't enforce a civil order. It would have been pointless.

fashionqueen0123 · 24/12/2025 23:24

ShawnaMacallister · 24/12/2025 21:50

They wouldn't though. Police won't enforce a civil order. It would have been pointless.

Exactly. So I’m not sure why she didn’t collect her.

DontGoChasinWaterfalls · 25/12/2025 01:38

The court still needed to enforce the order. DD was back with me for a few days before going back to his on Xmas eve so had I taken her he just would've kept her again until 5th January.
The idiot messaged today confirming receipt of my served application, he believes its a fake hearing and wants to wait until he receives official correspondence from the court.. additionally he believes there's still a police investigation and DD has a social worker, neither of these things are true.

OP posts:
liveforsummer · 25/12/2025 01:50

ManyPigeons · 24/12/2025 17:52

I don’t see why if he takes her the police won’t even do a welfare check but then you say if you take her he will have the police round. Surely they’d reject his request to get her too?

It makes no sense but it seems to be the case time and time again. So flawed and damaging to dc involved

omaru12 · 25/12/2025 03:34

This reply has been withdrawn

This message has been withdrawn at the poster's request

omaru12 · 25/12/2025 03:35

opp... didnt mean about the kisses...sorry... been sending too many crhistmas messages.

ShawnaMacallister · 25/12/2025 06:19

fashionqueen0123 · 24/12/2025 23:24

Exactly. So I’m not sure why she didn’t collect her.

I mean - have you read any of the OP's posts? She's explained many times.

washingfrenzy · 25/12/2025 07:33

I can’t offer any advice OP but you sound so strong. Keep fighting.

EineReiseDurchDieZeit · 25/12/2025 09:08

Wishing you well today OP Flowers

DreadingWinter · 25/12/2025 09:15

Thinking of you today OP. My ex was a lawyer and tried everything to get full custody of our children. He didn't even like or want them. It was just to get back at me for leaving a violent marriage. The judge told him he was a disgrace to the legal profession. I was fortunate that the judge saw right through him. I represented myself so it was really intimidating in court. The ex always tries to hurt you the most and doesn't care about the child's feelings. My DC never forgot his behaviour. Give her a wonderful Christmas even though it's not the actual day. I will be thinking of you on Monday.

DurinsBane · 25/12/2025 09:25

DontGoChasinWaterfalls · 25/12/2025 01:38

The court still needed to enforce the order. DD was back with me for a few days before going back to his on Xmas eve so had I taken her he just would've kept her again until 5th January.
The idiot messaged today confirming receipt of my served application, he believes its a fake hearing and wants to wait until he receives official correspondence from the court.. additionally he believes there's still a police investigation and DD has a social worker, neither of these things are true.

So you got her back and then she went back to her dads yesterday?

Anothenamechange · 25/12/2025 10:34

Thinking of you today, OP. Happy Christmas xx

UsernameFail · 25/12/2025 11:39

Thinking of you today x

ShawnaMacallister · 25/12/2025 12:15

DurinsBane · 25/12/2025 09:25

So you got her back and then she went back to her dads yesterday?

No she didn't. She's saying that she would have been going back to him yesterday anyway, so taking her from childcare for a few days just to have to return her would have been counter productive as she needs the court to enforce the order not leave it open for him to keep doing this every time he feels like it.

Maryaliceyoungx · 27/12/2025 07:27

Good luck today OP!

Azandme · 27/12/2025 07:38

You are an amazing mum. Stay strong.