Pet Custody Battles Upon Divorce/Separation
By Suela Dervishi
Who will take full custody of the pet?
“Legally Blonde” is a must-watch fun movie for aspiring lawyers. For those who have already watched it, you probably remember the scene where Elle Woods helped her friend get her dog back from her ex-boyfriend. There are well-put laws in almost every jurisdiction in the world for child custody, but what about pet custody? Who will have primary custody? How will you split the expenses? Who will take the decisions over the health care of the pet? The answer to all those questions will, of course, be: “It depends”. It depends on the jurisdiction, law standards, case law, method of solving the dispute, etc.
Some people are as close to their pets as they are to their children, and, often, consider them of equal status to the latter.[1] A recent survey in the UK by Co-operative Pet Insurance showed that 20 percent of separating couples with pets have fought for custody after the end of the relationship.[2] The medium method usually chosen by the parties to resolve the dispute is through litigation. This poses various issues, especially because in many jurisdictions, pets are considered as a property subject to equitable division, which limits their protection.[3] This means that the pets will be treated as an item of personal property, and not as their owners may view them. This classification has clearly failed to evolve with the change in attitude of the human-animal relationships;, therefore, it still remains a problem.
Although it will highly depend on the jurisdiction, in a court of law it will often come down to who was the party to purchase the pet in the first place.[4] So, irrespective of who has been the pet’s primary caretaker, who can give the pet stability and continuity, the Court can decide not to consider such facts. Even if and when the Court decides who wins pet custody, it will not help much in arranging custody, visiting hours, financial support, or any other similar matters.[5]
Apart from that, resolving pet custody disputes by litigation will also be a headache for the parties, asbecause it will often be lengthy and costly. To avoid these disadvantages, people are now referring to an effective alternative resolution – mediation. The mediator facilitates confidential discussion and mutual understanding between the parties.[6] This way of solving the dispute is beneficial and an ideal alternative to litigation, in that parties are encouraged to think outside the box, to remain open to compromise and agree what’s in the best interest of the pet. This medium of choice is empowering in that parties decide the outcome of the dispute themselves without having a judge render a decision that might not satisfy neither party.[7] After all, the mediator will understand and consider the pet as part of your family, not as a property, like the Court does.
[1] Stanley Ccoren, ‘Do we treat dogs the same way as children in our modern families?’(2011)
[2] Daniel Pearce, ‘Pet Custody Creates Complication in Legal System’
[3] Animal Legal Defense Fund, ‘Animals’ Legal Status’
[4] Sophie Gallagher, ‘Hounds of love: The rise of pet custody battles in divorce settlements’ (2020)
[5] Ibid.
[6] The Harris Law Firm, ‘Pet Custody: Your other child’
[7] Gabriela N. Sandoval, ‘Animal-Related Legal Disputes: Litigation, ADR, and Court Appointments’ (2013)