Even if you share custody, the dog should still have a primary caretaker who has the time and resources to care for the dog. The central point of this agreement is that everything that is done must be “pet-centric”. This phrase coined by Lloyd Platt & Co. has been removed from children`s legislation. This means that the well-being of the pet must be at the center of everything that is performed. In 2016, reports indicated that lawyers had seen custody disputes increase by up to a third. In the event that a marriage or partnership ends in hostility, pets can sometimes be caught in the crossfire. Legally, a pet is often considered an asset or property. Often, spouses think that they will retain ownership of the dog or cat, but it won`t necessarily work that way without an agreement. In the US, pet custody laws are changing, so who knows if this could have a final impact on Britain? Last year, an Alaska court ruled that the “welfare of a family animal” (in this case a pet) would be a crucial issue in determining which party it should keep. In addition, judges were empowered to assign “shared custody” of pets in the same way as for children. While there are no official statistics on the number of British couples locked up in custody disputes, lawyers say they see many more cases going through their offices, with some estimates citing an increase of up to 30% in two years. Terry Laffin, of The Dog`s Trust, says the charity has also seen a 290 percent increase in abandoned dogs because the human relationship has collapsed and no solution has been found.
Ultimately, this should be the most important factor to consider when deciding who will win the fight for custody, says Samantha Gaines, an animal protection expert at the RSPCA – who can bring stability and continuity to the animal? “Pets can be extremely sensitive to changes in their routine and lifestyle, so a divorce could impact your pet`s well-being,” she says. “We would recommend that the changes be gradual and positive. A clinical behaviorist could help if your pet is particularly facing a change in your family dynamics. “While many couples make deals to protect their property, we encourage pet owners to think about their beloved pets. In England and Wales, the law is very clear. Pets are considered “property” in the same way as a car or furniture. Thus, if the issue is raised in court, the person claiming the dog must prove that they originally bought it and paid for the care. Unfortunately, if the person who paid for the dog did not physically take care of the dog every day, there really is not much to do about it; As unfair as it may seem.
In addition, courts are generally reluctant to assert “custody rights” for pets when much more pressing issues, such as children and financial considerations such as property, are to be considered. Just as adults can enter into rental contracts, purchase agreements and many contractual obligations, there is no reason why they should not do the same when it comes to pet conservation. According to a 2019 survey by Direct Line Pet Insurance, more than 28,500 of the 111,000 divorce cases in 2018 included pet custody, or 90 cases per day. In other words, you are certainly not alone if you have doubts about your pet. Lloyd Platt & Co has some of the best lawyers in London and we can provide you with the best advice if you are looking for legal advice on pet custody in the event of divorce. To make a request, please fill out our form, call us on 0208 343 2998 or click here to contact us. When compiling the document, we used the legislation of men of life, pre-nups, instruments of agreement, requests for contact and residence under the Children`s Act, case law on all these issues, law on marriages and partnerships between persons of the same sex, as well as general contract law. . . .