How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My soon to be ex-wife is planning to bring a guinea

Customer Question

Hello,
My soon to be ex-wife is planning to bring a guinea pig in the flat which I have bought myself and we currently live with 2 young kids. She knows I don't want any pets due to various reasons, she hasn't consulted me regarding her plans and obvioisly she is trying to force this pet in. We are both working and obviously there is noone to look after this pet nor anyone has will to do so. The least this is irresponsible at its mildest. What are my legal options?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How far have the divorce proceedings reached, how old are the children and what are the future plans for housing?
Customer: replied 1 year ago.
Hi Clare,Thank you for the swift response!
I have filed for a divorce and she has responded and we are expecting to get any time the date for the first court session. The kids are respectively 3 and 4 years old. The future of the housing is unclear as she is refusing any off-court discussions and obviously believes the law is on her side. However, I find her behaviour as provocative and this can be confirmed by my mother who is currently looking after the kids before I come back from work.
Expert:  Clare replied 1 year ago.
Does your ex work full time?
Customer: replied 1 year ago.
Yes, she does
Expert:  Clare replied 1 year ago.
So is the care of the chidlren shared equally between you?What income do you each have?What is your main objection to the pet?
Customer: replied 1 year ago.
The care is predominantely taken by myself, but since she found about the divorce, she is trying to push me aside by getting kids attention with cheap toys, etc.
However, my main point now is how can I legally object the enforcement of the pet without causing too much hassle and give her ground for taking advantage from this later.
I am sorry but I m not quite clear what our income has to do with this. Let's say we are below average earners.
My main objective to the pet is that we live in a flat, and my perception has always been - animals need to have access to open space. I am not feeling comfortable with an animal living in the flat. Also there is noone to take care of it as she leaves around 7:30 am and comes back around 7:30 pm. Kids are way too young to tke care of themselves, not to mention an animal. Another valid objection is the hygene, which would deteriorate. But the last and not least - I cannot accept to be forced with such decisions in my home.
Expert:  Clare replied 1 year ago.
There is a problemYour ex is entitled to buy a pet for the children - and the pet she has chosen does fit with the lifestyle you describesince it does not require a great deal of care.This does NOT excuse what she is doing which is indeed underhand and unfair - and a blatant attempt to influence the children in her favour.Unfortunately there is no law you can use to prevent this- and the chidlren are a little too young to reason with but equally they will soon lose interest in the guinea pig so patience will allow you to arrange for itto be re homed in due courseI asked about income to try and get a feel of what the likely financial outcome will be - the fact that you have had the main care of the chidlren could well mean that you remain in the flat - and the guinea pig will leave with your ex.I am sorry not to give better news - I personally feel that this is an utterly unreasonable indeed cruel act by your ex but at this stage your options are limitedPlease ask if you need further helpClare
Customer: replied 1 year ago.
Thank you very much indeed!
Just as a short term actions - could I use any means to put pressure on her like call the police or council (being a leasehold property) or perhaps animal rescue as obviously this act would be entirely egocentric and without any consideration what so ever about the animal itself, the sequences of its suffering on the children and anything of that sort. Whatever would be acceptable to pressure back. I have to live for the time being with person who totally exploited my good will and betrayed the children and me, so it is quite a bite to swallow also her arrogant show-off that she can act whichever way she wants and throw this in my face. Thank you for the understanding!
Expert:  Clare replied 1 year ago.
None of that would work.You can check your Lease to see if it says anything about pets - but I doubt that it does.The Police have no reason to be involved and calling them would be seen as evidence pf some form of disturbance on your part.Animal Rescue will not be interested unless she fails to care for the animal.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much indeed once again! I really appreciate it!
Expert:  Clare replied 1 year ago.
You are welcome.With regard to her mother is there an extra bedroom for her?
Customer: replied 1 year ago.
Thank you!
No there isn't another bedroom - the small one is currently occupied by my mother, one of the double bedrooms is occupied by my wife and the other one by me. As there are children cots in each of the double bedrooms, the kids are fluctuating constantly swapping beds whenever they fancy. In the past when her mother was here, she occupied the same bedroom as my wife and they both slept in the double bed there, while one of the kids was in its cot there and the other one in my bedroom.
Expert:  Clare replied 1 year ago.
The bas news again is that she is entitled to have her mother there just as you have yours and there is no law you can use to exclude her
Customer: replied 1 year ago.
Hi Clare,Thank you for your response!
I am a bit surprised. With no prior agreement and no space available and certainly no relation to the property what so ever, this would be totally unacceptable as it is imposing a person within my living space. What if she decides to bring all her relatives? Am I supposed to accept them as well?
I hope you understand my confusion!
Expert:  Clare replied 1 year ago.
Your wife has Matrimonial home rights in the property. Your mother is living with you - there is no reason why her mother should not stay.If you try and exclude her then you face a very real risk that your ex will use this as an excuse to apply to thecourt for an emergency order allowing her to live there and excluding you.
Customer: replied 1 year ago.
I understand,
however, my mother is living back in Bulgaria - she is temporary here to help with the children as me and my wife are both working. Also my wife is refusing to hire a carer as it is too expensive. Is there any way to question the reason for which she is bringing in her mother?
Expert:  Clare replied 1 year ago.
You know why she is coming!
Customer: replied 1 year ago.
I can only guess.
I suppose, I am ought an answer - especially being the sole bill payer - cannot be expected to provide holiday accommodation for my mother-in-law. I can see only things escalating from this.
Expert:  Clare replied 1 year ago.
She is coming so your ex can have help with the children if she has their care
Customer: replied 1 year ago.
It doesn't make sense - the care arrangements are unlikely to be cleared any time soon and provided my mother is currently helping ...... We'll see. Thank you again for all your swift responses!
Expert:  Clare replied 1 year ago.
You are welcome

Related Law Questions