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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 751
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Every time my in laws visit from India they drive a wedge

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Every time my in laws visit from India they drive a wedge between me and my wife and it has come to the point recently when they stayed for 6 months that this wedge became something much more and the marriage is at its knees. I believe we can patch things up over time - But only if I can legally stop the in laws from coming to the house or visiting and staying. The wife will never agree to this as she always sides with them and neglects the marriage. The in laws and I have fallen out in a big way during their 6 month stay and refuse to stop interfering and I just don’t want to see them again. The house is in both my name and the wife’s. Is there anything I can do about this without my wife’s consent?
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No steps have been taken. Nothing has been done
Assistant: Has she talked to a lawyer about this yet?
Customer: I do not know. But she spoke to the health visitor about me (we have a 4 month old baby) and made up some lies and health visitor spoke to my doctor who called me to his practice. Doctor says there is nothing to take forward and was convinced that there is nothing untoward about my behaviour
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I do not think so. Please connect me

Hello my name is Ross and I can help with this matte.

Customer: replied 6 days ago.
Hello Ross. Yes please I would appreciate your advice
Customer: replied 6 days ago.
Ok no problem. I would appreciate your advice

Thank you, sadly, there is no legal authority where you can basically go behind your wives back. Also if you think about it, even if there was and your wife found out that you have put a legal enforcement to stop the parents from coming to your home, how do you think that would end? I think what you need to do is look at mediation between your wife and yourself. Believe me when I tell yo that I am entirely sympathetic to this problem, but there isn't anything you can "legally" do to stop people from acting the way they are unless those acts are illegal. Mediation services are available in most areas and are really a fantastic way to resolve disputes. I cannot give legal advice on this as there is none to give but I would advise approaching the matte with caution and make you wife away that you are concerned, not about her parents behaviour but about your relationship. Always address the treat of the positive rather than attacking the negative in any matter and you will be able to achieve a more agreeable approach.

What you will have to do is raise a small claims action against your ex partner. You can do this yourself and for this sum of money I would not advise instructing a lawyer. You can google this and do it online easily. As it was 2018 you are still within the time limits to are a claim (3 years). Just raise the action and explain why you are asking for the money. You will b table to show the payment to your ex because it was a check. Their only defence is that it was a gift however, as long as you show that this was not the intention then you wont have any issues proving your case. These disputes happen all the time and the judges are well aware of them. I don't think you will have any issues getting a judgment in your favour the only issue you may have is physically getting the money back. However sometimes the threat of legal action is enough to get them to return the payment.

 

 

I hope this information has helped.

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Kind regards

 

Ross

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