My ex is taking everything

[alisondav]

My partner built up a successful business before meeting his ex, she moved in with him after 6 months and 18 months later had their daughter. 6 months later the ex walked out on him taking his daughter, she went to live in a rented accommodation and now works part time. She refused him any contact with his daughter so my partner had to go to the courts for contact, now 18 months on he has contact ,over night every Wednesday and every other weekend from Friday 6pm til Sunday 6pm. My partner would like shared access so he is part of his daughers life but his ex is fighting him all the way saying that it would affect the financial side of things and telling the courts, my partner is only wanting 50% access so he doesn't have to pay. She has contacted the CSA but my partner is taking it to a tribunal has 12 months ago he hit hard times he is struggling to keep his head above water and his family are helping him financially, my partner has a 5 bed excecutive house with no mortgage and other assets including the house worth over 600k, all of which he had before he met her. Sorry to go on but need to give some back ground information
* Can the court force an order for my partners house or assets to be sold, if they can what can we do to stop that happening
* How can we gain the 50% access of his daughter he wants.
I have a 10 year old daughter and live in my own rented property. We would like to live together but until all this court action is over I don't want to upset any of my own daughters life
Hope someone can help, if anymore information is needed please let me know
Alison.

[boxtops]

I suggest your partner needs to take some legal advice. It's a hard one. I am sure he'll be obliged to pay for his daughter, but if they only lived together 2 years and he had the house beforehand, I don't know how the land lies. Is the house in his name alone? That might make a difference.

[ummmm]

She can't touch the house.

[cherrychapstick]

not sure about the house he will have to speak to his lawyer , regarding 50% access ,lots of factors will come in to play on this ,if he can't support his daughter now how is he going to suport her when she is with him 50% of the time ? will he still expect the mother to pay for her clothed shoes and other stuff or will he pay half of everything?also is the child at school and do the mother and father close to each other so the child would be ok and not messed about having to get up earlier to get to school when she goes , i ask this as my friend has recently went for custody of his children and was refused on the grounds that they would have to move schools , now we have discovered that the mother is moving house so the children are going to have to change schools anyway

[alisondav]

He has a solicitor and has spent over 20k with a 10k bill remainding, they are represented him on both contact and financial. The barrister has said today (whilst in court today for contact) there is a possibility the courts could make an order for him to sell the house and buy them both a house and he would have to maintain that house for her and that could be for 16 years or more, even when his daughter is 18 he could struggle to get the house back as she had lived there rent free for 16 years. I feel so sorry for my partner has all of this is telling on him.

[alisondav]

Cherrychapstick - he would be able to support his daughter if he had her 50% of the time, he would provide everything his daughter needs whilst she is with him, his daughter is 2 and a half and the school the ex has choosen is 2 mins from her and about 4 miles from my partners house so the routine wouldn't have to change.

[cherrychapstick]

sorry if that was sounding as if i was having a go but think i worded it quite wrong and i am sorry , anyway what does 50% mean would he have her every second day or 3 1/2 days out the seven this is quite important as you say she is working part time if it was a strict set time she would be able to go and get a full time job , but i see where she is coming from in the respect she would lose money and may not be able to get full time employment due to the circumstances that she could only work certain days were they married?

[alisondav]

Cherrychapstick - I hadn't taken it wrong sorry if it came across like I had... He has requested he could have his daughter every Tuesday Wednesday and Thursday night and every other Saturday, his ex works every Wednesday, Friday and Saturday from 9.30 till 4.30 at the moment, changing to 3.15 when his daughter starts pre school in Jan 2011