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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Pet ‘Custody’

10 replies

Strictlyfan74 · 30/06/2024 09:04

I’m getting a divorce and my STBX is sending me solicitors letters saying he will fight for 50% custody of the dog in court at the FDR. The dog lives with me. Has anyone else experienced this and have any advice for me?

OP posts:
BestestBrownies · 30/06/2024 09:14

AFAIK, dogs are considered possessions (like a piece of furniture), rather than a living being with rights (like a child), in legal terms.

So it will likely boil down to who bought the dog in the first place, whose name is it registered with at the vet, who pays the vets bills etc etc.

Beautifulbythebay · 30/06/2024 09:15

Who is the microchip registered to? I know a woman who shared her ddog for 10 years.. Awful way to be tied to an ex. They had no dc. Oddly she remarried and got another ddog. Divorced and again shared a ddog. Dc this time though.
Dh knows if we split I keep the ddogs!!
He can have the dc!!

Flatcapkat · 30/06/2024 09:38

Beautifulbythebay · 30/06/2024 09:15

Who is the microchip registered to? I know a woman who shared her ddog for 10 years.. Awful way to be tied to an ex. They had no dc. Oddly she remarried and got another ddog. Divorced and again shared a ddog. Dc this time though.
Dh knows if we split I keep the ddogs!!
He can have the dc!!

The microchip alone isn't usually proof of ownership as it should be registered to the keeper (who the pet lives with) who may not also be the legal owner, bit like a car.

Some info on custody /ownership disputes if under English law.
Trevor Cooper Dog Law

Dog Custody & Ownership Disputes | Dog Law

Dog custody, ownership and tug of love cases are extremely common in UK. Cases of who owns the dog tend to be heard in the Small Claims Court.

https://doglaw.co.uk/civil/ownership-custody-disputes/

Strictlyfan74 · 30/06/2024 10:19

We bought the dog with marital funds, I have always been the main carer as he is out of the country half the year. Everything is registered to me, Kennel club, vet, microchip, insurance, etc. I hope a judge would see it’s just another form of trying to keep control of me.

OP posts:
mitogoshi · 30/06/2024 10:36

We share - just be adults about it!

username47985 · 30/06/2024 10:44

mitogoshi · 30/06/2024 10:36

We share - just be adults about it!

It only life was this easy! That's not possible in high conflict/abusive or controlling situations.

Dogs are possessions. It sounds like the dog is yours as it's registered to you.

Beautifulbythebay · 30/06/2024 10:57

I would suggest talks about how the lack of restraints and cost of keeping a ddog is a positive... Watch him sign ddog over to you..

Strictlyfan74 · 30/06/2024 12:42

He doesn’t know anything about her, not even what food she eats. There is no routine. He only ever walked her if I was really ill with Covid. I worry about her welfare as he spends long periods out of the house. It’s not as easy as ‘just share’ unfortunately. The dog is a living being.

OP posts:
Princessfluffy · 30/06/2024 13:09

Why is your ex doing this do you think?

RobertoSosa · 04/07/2024 09:14

As the first person mentioned, pets are considered chattel, they are not part of the family and this problem will be considered a civil matter. In this situation, you would definitely need legal advice as the dog was bought using shared funds so this might be slightly more complicated. There are lawyers who are experts in these matters. One step to also consider is to try mediation as a mediator can deal with arrangements and visitation and even write a "parenting/pet plan" that both people can follow. Here is some information I found on the net: https://directmediationservices.co.uk/divorce-pet-custody-agreement/

Divorce pet custody agreement UK

Divorce pet custody agreement UK - Direct Mediation Services

How pet custody is handled in UK divorces - Legal considerations and tips for drafting a fair pet custody agreement for your dog, cat or domestic animals

https://directmediationservices.co.uk/divorce-pet-custody-agreement

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