The parties agree that one of them will keep the dog. This is hands down the best option in terms of simplicity. The separated couple work out who will keep the dog and then, if required, transfer ownership to that person, if they are not already the registered owner.
In the event of a simple breakup, the person who bought the dog usually gets to keep possession. The exception is when the dog was bought as a clear gift to the other partner. In that case, the dog may belong to the recipient.
So remember, in the event of a simple breakup, where neither party is married, but they have shared a dog, the person who bought the dog, the person who can prove that the dog is their property, is the one who usually gets to keep that possession or the dog. I hope that this has answered your question, Maria.
Under Australian law, including in the family court, pets are considered to be property much like a house or a car. If you and your ex-spouse are in dispute over who gets custody of a pet the Court will approach the issue in the same way as it would when deciding who gets to keep every other item of property.
The best solution is to settle pet custody outside of court, and to come to a mutual decision together. These can be hard conversations to have but, if you can, sit down with your partner and discuss what the arrangements for your pet's future should be, and whether the decision you have made will be the best for them.
Sensing trouble
However, if there is any change in the status quo or an owner's emotions, dogs can quickly dial into this. Research has shown that dogs can detect when we are happy or sad, stressed or ecstatic.
If you and your ex are fighting over a shared pet during a breakup, but not a divorce, the matter becomes more complicated. In general, although there are some exceptions, you would not take legal action until or unless your ex physically takes the pet from you without your permission.
Consider filing a police report
The police may take action or they may say they don't get involved in "civil" disputes (which means you have to pursue your dispute in court). If you are able to file a police report for your dog, make sure you keep a copy of the police report.
Go To Court
As long as you know that the dog is yours and can prove it in court, you can file a small claims suit. Here, you do not need a lawyer – just enough evidence that proves that you are the rightful owner of the dog. Every state has procedures for small claims.
There is no right or wrong answer, and you should do what feels right for you and your furry friend. If you're concerned about your dog's wellbeing, consider sharing custody or giving your ex visitation rights and take steps to create a schedule that allows both you and your ex to spend time with the pup.
Who Determines Who Gets The Dog? A dog is regarded within the legal system as a 'chattel'. Essentially, they are viewed as an item that is owned a bit like a car or an item of furniture!
People who give away or sell their animal generally have no further legal rights to that animal. The person who adopted the animal or purchased the animal does not typically have to return the animal unless there was an agreement that stated otherwise.
Create a joint-custody agreement: If you are capable of caring for pets on your own, consider working out a joint-custody agreement with your ex. This sort of arrangement would let your pets stay together while you and your ex share their time every one or two weeks.
Your Dog May Miss Her Previous Owner
It's perfectly natural for her to miss her previous owner. Sometimes, a dog who lost a previous owner might show signs of depression. These dogs need extra love and patience, just as anyone does after suffering a tough loss.
Not only do dogs bring you companionship, happiness, and security, but dogs also give a sense of purpose on a day-to-day basis. They can help bring you out of your post-breakup funk and get you back into new habits that involve getting outside and being more social. What is this?
The short answer is this: not all dogs adjust well to shared custody. Some dogs can settle in just fine to a life split between two homes, but this is not always the case. For many dogs, it is a stressful way to live and not ideal for them.
In an ideal world, living between two homes is something that all dogs would be able to do. This is not an ideal world, however, which is why some pooches may not be able to withstand the strain and stress that can be associated with living between two homes, while others can.
Notify the police and get a crime number. While they may not respond to your action of reporting your pet as stolen, you may well help your case if your pet is found and there is an ownership dispute. Make sure your Microchip database records are up to date with your current address and contact numbers, etc.
Is a microchip proof of ownership? No- not in itself. You are therefore advised to keep other records e.g. receipts, documentation at the time of the purchase of your dog, in case you ever need to prove ownership.
Sharing your pet with your ex means that both of you can still be in their lives, and they will have less of a chance of getting depressed and/or developing separation anxiety. If your pet loves you both, it can be extremely beneficial for their overall health and happiness to remain a part of both of your lives.
Can dogs sense broken hearts? Yes, they can. Just don't drum it in like this. Dogs can get very depressed after a breakup and miss your partner as much you miss them.
When a dog loses a companion, two- or four-legged, he grieves and reacts to the changes in his life. Dogs alter their behavior when they mourn, much like people do: They may become depressed and listless. They may have a decreased appetite and decline to play.