Custody and Access Disputes
In law, a dog is regarded as a 'chattel' ie. an item that is owned. In the event of a dispute on who should have custody, the Court would consider who is the dog's owner. Such a case is likely to be heard in the Small Claims Court (part of the County Court) and the claim would be for:
- A declaration of ownership, and
- An order for the return of the dog, and
- An order for damages for wrongful retention of the dog
The Court may have regard to many factors including who bought the dog, whose name is registered with the Kennel Club and who is the one who actually looks after it. A Court may simply decide that the dog is jointly owned and in the absence of an agreement on who should have it, may order that the dog be sold and the proceeds shared. Another alternative, would be for the Court to order shared ownership, so that (for example) each party may have the dog for 6 months of the year.
Please bear in mind that in a divorce situation, ownership of the dog should be considered at the same time as the other matrimonial chattels are decided.
The Court does not have the power to order access to a dog.
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