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Forum Newbie
Group: Forum Members
Last Login: 5/10/2010 12:59:50 AM
Posts: 2,
Visits: 2
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Hey there,
I'm hoping for some advice...
My current partner and I have been together since July 2008. He has a daughter who is now almost 4 years old. He met his ex overseas and they lived together for a few years in the middle east (he's English, she's Australian). They where near break up when she decided she would try to make him stay by having a baby... She called from Australia one day announcing she was pregnant and 'that they where moving to Australia now'. My partner decided to give the relationship an honest chance and to be with his unborn child. He transfers all his earnings to her bank account in Australia (approx $40.000 AUD) and she goes ahead and buys a car (in her name), a news agent (in her and her parents name) and a townhouse (in her name). She gets a lot of support from her parents and they pay for a lot of things but uses my partners money as well. They tell him he can't be on the papers because he's not Australian. The daughter was born and they end up selling the townhouse where they both lived and they made a $60.000 profit. They also sell the news agent (profit still unknown) but my partner worked there for free for more than a year. They move in with her parents and decides to buy land and build a house. Her parents again say they will help out. The newsagent owned by the ex and her parents was according to them my partners and his ex. He wasn't even allowed to do the banking and has no idea how much profit the business made. Since they had no employees working for them and did all work themselves there would have been a profit.
They go ahead and buy land and start building a house. They also start paying back the ex parents for the money borrowed for the house and land. Then they split up a few weeks before the house was finished. It was my partners decision to break up with the ex. The daughter was then 14-15 months old.
As they where living with her (millionaire) parents until their house was being built my partner was instantly on the street. The day after they split up, the ex went to the bank and took out the approx $75.000 they had in their shared accounts. Some of it was for the final payments of the house. My partner was without money, without house, all he had was the little 2 door Getz, the news agent had as a business car. He stayed with a friend who was getting separated from his partner as well. The friend put his separation on hold for my partner.
A few weeks later my partner meets his ex in a car park outside a lawfirm. She tells him he can get $15.000 for now he just needs to sign tis receipt. With that he could get a new bed, pay a rental bond and buy some food and new clothes (some of his old clothes 'just disappeared' in the separation. The ex also gives him some scratched dvd's for the daughter and some of her old toys (example Dora the Explorer lego without a Dora toy = just crap!!) she also gave him a few plates & bowls that they had, a few of them where cracked.
Then in a later conversation the ex drops 'So now when you are not listed on the house anymore' My partner doesn't really understand, as far as he is concerned he hasn't signed over the house on her. But 'apparently' he has signed this 'transfer' where it's got the address of the house they built in tiny writing and it's very 'blurry'. He also signed that receipt. On it it has her signature and full name, my partners signature & full name and a justice of peace (who was not in the carpark when my partner signed the paper). The ex has attached this paper to a 'contract' pretty much saying she has paid him $15.000 and she gets the furniture, everything in the house, including things like a new dining table set $4.500, plasma tv, fridge, beds, all kids toys, clothing, sofa, outdoor furniture, the brand new plates and everything else they bought for the house valued min $15.000. Plus she gets the car (2006 Model auto Honda Civic) and of course she also has the house they built together. In the contract it say's the ex parents helped with $380.000 of the house I think the building & land cost was $440.000 so they have obviously taken off the $60.000 profit they made on the town house. The house is valued today at approx $480.000 - $520.000.
The ex tried to sell the house and had it marketed at $520.000 but my partner went to a lawyer and a 'block' was put on the house so she couldn't sell it without giving him the figures. He could get the block as
She got
$100.000 profit in house (probably a lot more since the money in profit from the newsagent sale
was never showed to my partner)
$22.000 car
$15.000 + furniture
Total
$137.000
My partner got
$15.000 cash
$8.000 car
Total
$23.000
I have to ad as well that her parents are millionaires and my partner doesn't have anything! She has a lot of financial and family support as they moved close to her parents area. My partners family lives in England and he has no family support here. The ex has primary care for the daughter and my partner has the daughter approx 30% of the time.
She doesn't let him in on anything with the daughter - she also has all papers for the daughter. My partner didn't even know where his daughter went to day care. He also does 95% of the driving (110kms) too see his daughter to pick up/drop off. Most of the times the ex isn't there (she's an air hostess so flies a lot) so the daughter lives with the grand parents. The ex lived in the house my partner and her built together for a while but most of the times he had to drive to the grandparents to pick up/drop of. The ex has stopped my partner from seeing he's daughter at 3 times. When they first broke up, when she first heard about me and when someone saw me and my partner together. The last time he got a text message he that he didn't need to worry about picking up his daughter in the morning. He of course replied that the time they set was still on and that he would be there to pick up his daughter. The ex wasn't at the house and refused to answer the phone. My partner didn't see his daughter that weekend and went to mediation to get an agreement in place.
The ex was at the mediation place early and had left a message in the reception that my partner was to pay for the session ($160). They argued a lot but made a plan for when my partner would see the daughter. It worked but he did all the driving. Sometimes pick up and drop of the same day at the grand parents place (220kms in one day). The ex didn't do any driving saying 'she wasn't around to do it, she's out flying.
Anyway the ex is saying she won't go back to mediation again. She only let my partner see his daughter when she is
a. at work
b. needs a baby sitter
c. when she's on holiday
The ex rented the house out for a year and made $20.000 + profit while she was living at her
parents place. Now she is about to move back to the house again.
I have a great relationship with the daughter almost 4. We get along really well and always has, but sometimes she will come to me and say things like 'mummy doesn't like you', 'you are not a part of my family' (her mum has also called me a bitch in front of her daughter). she also comes and say upsetting things like that her mum loves her more (gosh she is still only 3, she shouldn't even be thinking things like that!!!). Her mum doesn't allow her to talk about me and the mum seems very jealous of me and copies everything we do. I bought the daughter my little pony toys, her mum get's them too. I buy beads to make bracelets, her mum does it too. I buy Strawberry short cake toys for the daughter, her mum does too.... You get the idea!!
I have lived with my partner for almost 2 years and see the daughter for 3-4 days/2-3 nights a week.
That's a bit of a story...
Anyway, my questions is what can my partner do about his ex blowing him on the fraud contract (separation agreement) I might add that the pages of the agreement are not numbered or individually signed. It's just the blank page with the signatures that my partner has actually signed against a windscreen in the car park and supposedly the house transfer (if she didn't fake that).
and what can he do about her making 100% of the decisions for the child?
The girl will come to us and tell us she is no longer going to the same day car or that her mum is having the daughters ears pierced or that her mum is taking the daughter to Bali for her 4th birthday coming up in less than 2 months, things like this without even asking my partner for his opinion or like 'Is it ok if you don't see your daughter for her birthday for the 3rd year in a row?'
Also, the driving? She doesn't do any of it, can my partner get that off against the child support?
He's partner hates me and she has told him she doesn't like me spending time with the daughter or look after her. She is very up and down. Sometimes she is nice to my partner, usually when she
needs to change him seeing her or when she need a baby sitter. But as soon as he tries to negotiate something with her, like the times he will see his daughter, she goes crazy and tells him he has no right and that it's up to her to make the decisions since he f"!@#^ left. That kind of thing... It's all ok as long as my partner just replies 'yes' to whatever she tells him. She very often changes the times he can see the daughter sometimes she will change every weekend for a month, to suit her plans.
WHAT CAN I DO??? I feel so powerless as I can't get involved.
My partner hasn't got any assets so supposedly legal aid might help him, but would they help
him fight the fraud separation contract? The contract can be void if it supposedly very unfair to
on of the partners or to one child. Both my partner and he's ex has similar income.
Would the court work in my partners favour when the ex is flying a lot and often leaves the home
in the middle of the night. The daughter often comes to us upset that she woke up and her mother was gone without saying good bye. She did have the grand parents but it's not the same.
My partner has a very good relationship with his daughter and she loves her dad!
Please give me some advice on this!!!!
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