Who gets to keep the dog in a divorce?
For some people, their pet is almost like their child. And when a relationship breaks down, the battle for custody can become bitter with some owners opting to go to court to determine who should be the one to take sole ownership of the animal. Metro.co.uk spoke to Vanessa Lloyd Platt, who runs Lloyd Platt & Co, a law firm specialising in divorce. She said that put simply, a pet is effectively property under UK law.
‘In the minds of the judge and the law pets are chattels so they will be described in the same genre of furniture,’ she said. ‘But for some people they can become like a son or daughter and can be there to provide a source of comfort to them through the divorce.
‘People think they have the right to a relationship with their pet, but the rights are related to who bought it, who paid for it and who pays insurance for it. ‘A lot of the time, people don’t have evidence for these payments, and the cases can get very difficult and go into thousands of pounds of legal fees. ‘In most cases, the court will look into what is in the best interest of the pet, and will get in an expert to say who is in the best position to look after it.
‘For example, if it is a dog and one owner lives in a flat and one lives in a country house, the court could decide the country house would be better as the dog could have the fields to run around in.’ Another factor a court could take into account is children, and Vanessa said if the animal was bought for them then a court will most likely have it stay with them. Of course, some partners might decide to split custody of their animal, a choice that might not always be the best thing for the pet. Vanessa said: ‘Sometimes the court will say the couple can share ownership, but when I did the research with the Kennel Club and the Blue Cross, they found sharing isn’t always in the best interest of a dog, as it can profoundly upset the dog’s psyche.
Read more: https://metro.co.uk/2019/01/07/who-gets-to-keep-the-dog-in-a-divorce-8320217/?ito=cbshare