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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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sunshinerobots · 27/12/2025 08:58

Hi, I am a cafcass officer, you are doing the exact right thing. Do you have evidence to put before the court that there is no social worker and police have NFA, as that sounds like it could be an area of dispute that the court may need evidence of. Can you ask for confirmation of no involvement from social care to take to court on Monday? I know the delay is awful for you and your daughter but the courts are so busy and in many areas are closed until the 2nd so I’m glad you’ve got a date. Good luck and stay child focused as you have been.

Fiftyandme · 27/12/2025 09:04

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.

It’s really difficult to get people (who haven’t had the joys of having a child with this particular breed of abuser - using friends/family/police/courts/health/SS as their flying monkeys, using every emotional manipulation tactic in the book, manipulating people to get emotional responses from them that they can then use as ‘evidence’ etc) to understand exactly how carefully one has to tread.

DontGoChasinWaterfalls · 28/12/2025 18:46

sunshinerobots · 27/12/2025 08:58

Hi, I am a cafcass officer, you are doing the exact right thing. Do you have evidence to put before the court that there is no social worker and police have NFA, as that sounds like it could be an area of dispute that the court may need evidence of. Can you ask for confirmation of no involvement from social care to take to court on Monday? I know the delay is awful for you and your daughter but the courts are so busy and in many areas are closed until the 2nd so I’m glad you’ve got a date. Good luck and stay child focused as you have been.

Thank you. Yes I have an email from the police confirming NFA and the date he was told. And I have explained within my position statement that social care are undertaking a section 17 c&f assessment that has progressed at an non urgent pace. There is no child in need plan, no child protection plan etc..my understanding is an enforcement hearing isn't a relitigation of welfare since we had a 3 day contested final hearing only 4 months ago and every allegation under the sun was adjudicated then! If the father wished for the court to explore safeguarding my understanding is he needs to bring it before the court in terms of an application to vary the order. The judge has directed Cafcass to do the standard safeguarding letter but it's to be filed after the enforcement hearing! The order hasn't been stayed either!

OP posts:
sunshinerobots · 28/12/2025 19:23

No you are correct it will not be a re litigation of welfare however it will be helpful
to you to have evidence if the other party is making ‘new’ allegations as the reasoning for his actions. Good luck I am thinking of you - i cannot see why the original order will not be enforced given what you have said

DontGoChasinWaterfalls · 28/12/2025 19:54

I have the email from Police and the Court will presumably know what a section 17 c&f is won't they? I can't see any reason why an order of 4 months won't be enforced for such a serious breach otherwise what is the point in the order. Its caused DD emotional harm the enforced separation and total block of contact with me. Xx

OP posts:
CosyMintFish · 28/12/2025 19:58

Best wishes for tomorrow, OP

Maryaliceyoungx · 28/12/2025 20:31

Maryaliceyoungx · 27/12/2025 07:27

Good luck today OP!

I clearly had lost track of the days of the week! Good luck tomorrow x

sunshinerobots · 28/12/2025 20:32

Yes the other party would need to have serious and immediate concerns to have the courts backing in their actions given the very recent order. Have you seen his position statement yet?

Seawolves · 28/12/2025 20:43

All the best for tomorrow

DontGoChasinWaterfalls · 28/12/2025 21:03

sunshinerobots · 28/12/2025 20:32

Yes the other party would need to have serious and immediate concerns to have the courts backing in their actions given the very recent order. Have you seen his position statement yet?

Nope. I don't believe he will attend tomorrow because quite simply he didn't acknowledge it was a proper hearing because I served him. He said he wants to wait for official correspondence before proceeding. Good luck, I was asked by the court to effect electronic service to Christmas post! I understand as service was effected correctly the court can proceed.

I will say this, as heart wrenching as it's been the enforced separation and not being able to see DD, I've been in the family court long enough to understand how you want to behave and how you should behave are two different things. It is also my understanding that even if a parent breaches an order they are still expected to promote contact within the spirit of the order. DD wasn't even afforded a face time on Christmas day with me.

I will also say. I cannot fault how quickly the court have dealt with my application either. I filed on Friday night, by 10am Monday morning I paid the court fee and my application was issued. By Tuesday it was passed directly to a judge not a legal adviser then listed as the first hearing on the first day of sitting after Christmas, this makes me believe the order will be enforced and compliance will be restored, hopefully with some very robust directions and additions to our existing order.

OP posts:
Mauro711 · 28/12/2025 21:11

I have everything crossed for you OP🤞🏻You have done a remarkable job protecting your DD the only way possible when dealing with such a bully.

Swampthing55 · 28/12/2025 21:15

So sad

MrsDoomesPattersen · 28/12/2025 21:17

Mauro711 · 28/12/2025 21:11

I have everything crossed for you OP🤞🏻You have done a remarkable job protecting your DD the only way possible when dealing with such a bully.

And at Christmas time

OPs daughter would have wanted to speak to her mum on Xmas day and would have been wondering why she wasn’t - what a dreadful parent he is

hopefully he has hung himself here so to speak and going forward he can’t do this any more

Mooselooseinmyhoose · 28/12/2025 21:18

DontGoChasinWaterfalls · 28/12/2025 21:03

Nope. I don't believe he will attend tomorrow because quite simply he didn't acknowledge it was a proper hearing because I served him. He said he wants to wait for official correspondence before proceeding. Good luck, I was asked by the court to effect electronic service to Christmas post! I understand as service was effected correctly the court can proceed.

I will say this, as heart wrenching as it's been the enforced separation and not being able to see DD, I've been in the family court long enough to understand how you want to behave and how you should behave are two different things. It is also my understanding that even if a parent breaches an order they are still expected to promote contact within the spirit of the order. DD wasn't even afforded a face time on Christmas day with me.

I will also say. I cannot fault how quickly the court have dealt with my application either. I filed on Friday night, by 10am Monday morning I paid the court fee and my application was issued. By Tuesday it was passed directly to a judge not a legal adviser then listed as the first hearing on the first day of sitting after Christmas, this makes me believe the order will be enforced and compliance will be restored, hopefully with some very robust directions and additions to our existing order.

Edited

Just wanted to say as a legal professional i think you've handled this absolutely perfectly. I cant imagine how awful it must be for you but well done for holding your head high and putting your child first. Good luck tomorrow x

MedusasHead · 28/12/2025 21:35

Wowsa, I’m incredibly impressed at your defiance of him and your resolve @DontGoChasinWaterfalls. You’ve managed to keep your head cool and centre your daughter in this, it must be excruciating. I’ll be thinking of you tomorrow and I hope this is dealt with swiftly and your DD returned to you.

lostmywayrightnow · 28/12/2025 21:35

Hoping that the court sees sense, I have been thinking of you op.

DontGoChasinWaterfalls · 28/12/2025 23:39

The pain I've felt in this time she's been separated from me has been so excruciating. I've forced myself to get up everyday, to work all over Christmas to keep myself busy and distracted so I don't fall into a depression. The sadness walking past the Christmas tree with her unopened presents and her unopened advent calendar kills me every day, but seeing her for those 20 precious minutes last week has given me strength. I will not cry or wallow or not carry on. I've learnt the importance of prioritising her needs above mine and that's why I haven't tried to retrieve her and escalate conflict or draw her into a game of cat and mouse. As painful as it is, I believe the Court will enforce the order and I'll have her back tomorrow.

OP posts:
McGregor33 · 29/12/2025 00:20

I hope tomorrow goes well for you and you have you girl in your arms soon 🥰

IidentifyastheGrinch · 29/12/2025 00:21

I'm going to be thinking of you tomorrow @DontGoChasinWaterfalls

IidentifyastheGrinch · 29/12/2025 00:23

Mooselooseinmyhoose · 28/12/2025 21:18

Just wanted to say as a legal professional i think you've handled this absolutely perfectly. I cant imagine how awful it must be for you but well done for holding your head high and putting your child first. Good luck tomorrow x

There's something deeply grim about a legal system that forces mums to behave completely counter to their instincts though.
It so desperately needs reform.

Thoseslippers · 29/12/2025 00:30

This is so awful. I hope tomorrow goes well for you. What a horrible selfish man. So traumatic for your daughter

Devontownie · 29/12/2025 02:02

Will be thinking of you tomorrow, and please know that you are an incredible human for the way you have conducted yourself throughout this.

There are a lot of us that are professional, educated, and would be a confident litigant in person also. Very few of us could do it when it was for our child and even less of us would have the self control not to simply physically retrieve her.

Please keep us updated, I know little about family law - so I hope she doesn't have to go back?!

falalalalalalalallama · 29/12/2025 06:58

Wishing you good luck for today Flowers

reallyneedareset · 29/12/2025 07:05

Good luck for today OP! I so hope sense prevails and she’s back with you today

ThisAutumnTown · 29/12/2025 07:13

Good luck for today OP! I’m keeping everything crossed that you’ll have your little girl back in your arms today!

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