Anne Heche Custody Fight Explodes: Star Accuses Baby Daddy Of Shady Deals, He Suspects She's On Drugs
Nov. 12 2019, Updated 11:39 a.m. ET
Anne Heche's custody battle with ex, James Tupper, exploded after the actress recently accused her baby daddy of losing $450,000 of their money because of shady deals, while he fired back with allegations that her dramatic claims could be caused by "extended drug use."
In court documents exclusively viewed by RadarOnline.com, Heche said Tupper locked her and their 10-year old son, Atlas, out of their posh Los Angeles home because Tupper was trying to sell the property from under her! The former couple, who never married but called it quits in 2017 after 10 years together, had initially agreed to stay at the home individually on alternate weeks when each had their custody time with Atlas.
But in court documents filed on Oct. 23, 2019, Heche claimed Tupper changed the security code and keys during her time with Atlas because Tupper intended to show the home to inspectors-- something Heche claims her ex had no right to do because she never agreed to sell the house. Heche asked the judge for an emergency ruling to enforce the custody ordered so she and Atlas would not be locked out of the home in the future.
"James is essentially trying to keep me out of the house during my custodial time because I am contesting his sale of the Family Residence," the ex-lesbian said in her declaration. "That is not a justifiable basis to change out existing custody agreement, nor is it a basis to deny me access to the Family Residence during my custodial time."
In Tupper's response, the actor said he has never changed the locks or codes, and immediately provided another key to Heche. In one of his emails to Heche's lawyer, Tupper wrote, "I truly do not understand this drama and hope it isn't linked to extended drug use." Tupper also said Anne's 17-year old son from a previous relationship, Homer, was able to get inside the house without any issues.
"Anne accuses me of denying her access to the house by changing the locks and alarm code," Tupper wrote in his Oct. 23, 2019 declaration. "This is absolutely false.I did not change the locks, nor did anyone else. ... This code works today, worked yesterday, and has worked continually for a decade. I have never deactivated it. ... On the night she claims to have been cast out, Anne's other son (a 17-year old boy) entered and spent the night at the property, without incident. ... Obviously, if Anne wanted to get into the house, even if she has lost her key and somehow forgot her alarm code (which is inconceivable), she could have simply asked her son to let her in."
Tupper's attorney, David Alden Erikson, said Heche has no stake in the property because the deed was under only his client's name.
"But in addition to the lack of any compelling need or danger of irreparable harm, what makes Heche's application truly audacious is that she has no legal rights with respect to the property," Erikson wrote in the Oct. 23, 2019 affidavit. "Tupper is the sole legal owner of the home. He alone is responsible for the mortgage. The parties' custody agreement does not mention the property. ... What appears to have now happened is that Heche was so angered by what she mistakenly and inexplicably perceived as a lockout, that she asked her attorneys to enforce the arrangement as if it were Tupper's legal obligation. And by the time Tupper demonstrated that no lockout occurred, Heche has gone too far to back down."
In court documents filed on Oct. 28, 2019, Heche doubled down on her claims and said she agreed to deed the house over to James a little over a year ago so that James could refinance the property and get about $450,000. Heche said Tupper agreed to provide her with the documents and place her name back on the house deed after Tupper received the $450,000 in late 2018, but Heche said her name was never placed back on the records.
Instead, Heche said not only was she completely blindsided that the house is closing escrow by the end of this week (Nov. 15), she also felt "shocked and terrified" after Tupper told her the $450,000 was already all gone! Heche said she and Tupper agreed the money would be used to pay off their bills and other expenses over the next two years, but Tupper had already spent all of the money as of September.
The actress said the money went to a bank account that was only under Tupper's name, and that her ex never provided an accounting of funds that was drawn out of the bank.
"Hindsight is 20/20. I should not have been so naïve and trusting," Heche said in a declaration signed on Oct. 27, 2019. "As it turns out, contrary to our agreement, James had used the designated separate account like a personal ATM machine, and has spent the monies on various things that I never approved of, and that he never even asked or informed me about. For example, he sent several thousands of dollars to someone/thing called Maxine Lobos. I don't know who/what that is. I asked for an explanation. James has not provided one. There is also over $30,000 in funds 'wired' out to unknown accounts for which James has not provided any explanation. He purchased stock, which I was unaware of, and lost money on those stocks. These are just a few examples. My information is still incomplete since I do not have the full, complete bank statements. I am appalled that James has violated my trust and confidence in this matter. His depletion of our refinance proceeds not only affects our ability to pay for the roof over the boys' heads, it also affects our ability to pay for the boys' education, which we agreed to be on of the main use of the refinance monies."
According to court minutes, the judge on Oct. 23, 2019 denied Anne's ex parte application for an order to enforce the temporary custody agreement regarding her access to the Los Angeles home. The fight isn't over yet, however.
Five days later, Anne filed another request for an order on child custody, visitation, and the general custody agreement. A hearing has been scheduled for next month, so this war between the exes could get even uglier!
Heche also filed a civil suit on Oct. 17, 2019 against Tupper and others for the title and lien to the Los Angeles home.