Pet Custody: A Doggy Tail

About Pet Custody

I am always amazed when two astute people upon separation can work out every financial aspect of their relationship and can agree on the division of their matrimonial assets but are unable to agree as to who should look after Fido the dog or Max the cat.

This is quite common especially where there are no children of the relationship and the dog then has the full love and affection of its owners.

Will the Court entertain an application for the ownership of Fido?

I don’t think the Court would look favourably upon an application if the sole asset to be divided between the parties was the ownership of the dog.

Can you imagine one party filing an application seeking full parental responsibility for Fido and the other party contesting that application and/or seeking orders that that person spends time with the dog?  I have never had an application filed in the Court solely where the dog was concerned.  Certainly in a property division in consent orders filed with the Court, the ownership of the dog can be included in the orders sought and the Court will make such orders.

Special Circumstances

Even in some special circumstances, a party can have time with the dog on certain set out occasions.  One can only hope that the proper decision is made.  It is not as if the dog is a child and you can ask the dog his or her preference for residing with one of the parties.

However, an order can be made and one would assume that the dog lives happily ever after.

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