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Topic Dog Boards / General / Custody Drama!
- By sae156 [gb] Date 27.05.13 21:45 UTC
Can anyone help? Any advice or any comments from anyone who's been in a similar situation will be gratefully received!

I have a little dog who my ex partner and I bought (he paid the majority although we have no receipt to prove this). He's registered with the KC in joint names, although the insurance is in my name (my ex actually pays this though) as is the vets account and a specialist account (he has eczema so sees a dermatologist). My ex and I split up over a year ago, yet he is still insisting on joint custody of the dog. He has always been my little dog (they say a dog only has one master and that's definitely me) to the point where he frets a little for me if he's away from me for long periods. This is a control issue for my ex - he has the dog to upset me, not because he genuinely loves him. If I approach him about this, he becomes quite confrontational and threatens all kinds of things (my fear is he would refuse to give him back after his week of custody or worse). But my little dog is only 6 years old and I cannot do this for the best part of another 10 years.

I've actually met someone else and am thinking of moving to be with him (which is over 200 miles away) but obviously want to know where I stand over ownership before I relocate me and my dog.

Please help if you know anything about this kind of thing!

Many thanks in advance :0)
- By Tectona [gb] Date 27.05.13 22:14 UTC
Judging by previous similar threads, I think you are in a favourable position as you have the insurance etc. in your name. But your best bet so that it's as clear as it can be would be to contact Trevor Cooper at http://www.doglaw.co.uk/ for advice.
- By JeanSW Date 27.05.13 22:41 UTC
The person who pays the bills is the owner.  Did your ex also buy the dogs food?  Who paid the vet bills when you were with your ex?

- By sae156 [gb] Date 27.05.13 22:56 UTC
The vets bills we accrued were always claimed directly from the insurance company, and as for food - it would be whoever was off the day we needed some would buy it! Since we've been split up, the majority of food has been bought by me, I paid the last vets bill of £300 and also cover things like worming, flea treatment and grooming.

I've looked on the dog law website and am horrified to see that a judge could order my dog to be sold! That would kill me (and would definitely not be in the best interest of the dog)!
- By arched [gb] Date 27.05.13 23:49 UTC
Surely the dog needs to be with the person who can give him the life he requires. The one who can give him the most time and company. Our dog treats me as the boss and if im out my husband says the little lad sits on the doormat waiting for me, he doesnt do that when my husband is out - but both of us adore him equally.
- By sae156 [gb] Date 28.05.13 06:20 UTC
You would think so! And that would be me - my job allows me lots more time at home with him. Sadly (and what seems to be increasingly common) bitter ex's are using animals as pawns in a lengthy and upsetting battle.
- By Goldmali Date 28.05.13 07:51 UTC
Surely the dog needs to be with the person who can give him the life he requires.

Logically, yes, but as Trevor Cooper says -in law, a dog is no different to a fridge. An object. The owner is the person who does the caring, pays the bills etc. I would have thought if this dog had stayed in one place for a full year the other person would have no claim at all now.
- By Carrington Date 28.05.13 08:23 UTC
Seems to me from what I have read that your ex has certainly put as much into your dog financially and timewise as yourself over the past 6 years, he mostly paid for the dog it is in joint names, he pays for the insurance, you have more time at home with the dog but that often happens, and to me as an outsider it is fair to have joint custody, if this were a child there wouldn't be all of this 'I should just have the dog!'

You don't like sharing and yes, I can understand that, but if you don't wish to share you have to only pay for everything yourself to make it yours, you haven't done this over the years.  You may well be right that the dog is being used as a way to cling onto you or to even score points, but after 6 years and the shared finances of the dog throughout his life I would probably go out on a limb and say even though you don't like it, he will have strong feelings for the dog too.

So what you are doing now is fair -why bring in solicitors and costs?

If you are to stay in the area or close by I would really just leave things how they are............ over the years things may change.... a friend of mine did this for years with her GSD and it worked, the trick is for neither side to be selfish and to accept that both love the dog and it is also a bonus with holidays and days out there is always another loving owner to care for the dog. ;-)

However, sounds as though you want a fresh start, a life away from him and the dog is a tie to him you don't want, do I think it is fair for your ex to lose his dog, (because it is his dog too whether you like it or not) not really, but these things happen.

I guess if you are to move 200 miles away your ex is unlikely to wish to come and collect the dog very often and it will automatically taper off, the best scenario would be for you to sit down and talk to him and have him sign the dog over permanently perhaps offer the price of the dog also to make things more fair? But, often people are not reasonable and not forgetting even though your love life is rosy now, often new relationships also do not work, so do not put all of your eggs in one basket, you may 2 years on be greatful that your dog has someone who cares for him if life goes belly up.

An underhand way of course, would be to just move 200 miles away and not leave a forwarding address, I doubt he will chase after you with solicitors and courts, he may threaten it - but in reality not many go through with it, but in turn you have to think would you like him to do that to you?

Put yourself in his shoes too, not just thinking about yourself and maybe you can come to some arrangement if he sees some empathy. If he truly loves the dog, this is not easy for him.......
- By freelancerukuk [gb] Date 28.05.13 12:41 UTC
Goldmali,

I'm not so sure that it is so clear cut. If since leaving the relationship the female owner has paid for absolutely everything her claim to ownership would be strong but if some costs have been shared then I am not so sure. Also, if the current shared custody arrangement has been ongoing for some time that arguably sets a precedent and a question mark over who the owner is.

If it went to court the ex might argue that he would like the dog to stay with him all the time and the g/f can visit instead. I think if an agreement could not be reached the judge might order that the dog be sold and the proceeds halved between the owners, or he might order shared custody with one person having the dog for 2 weeks out of every five. The issue of the person moving away may put yet another spin on things. A clever lawyer might argue that the ex b/f only allowed the poster custody because he knew that he'd be able to visit the dog and he has continued to pay for the dog's insurance as proof of his commitment to the dog, however since the poster is now moving away, interfering with his ability to visit his dog, he would like to be awarded sole custody instead.
Topic Dog Boards / General / Custody Drama!

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