Who gets the dog after a break up?
There has been an increase in the number of custody cases regarding the family dog. Quite rightly, the courts are finally taking dog ownership seriously and this is highlighted in the aptly named case of FI v DO, in which the District Judge provides a helpful and clear judgment.
The case of FI v DO [2024] EWFC 384 (B)
The parties in this case married in December 2010 and separated in November 2022, having children together and acquiring their much loved golden retriever. Within the proceedings various orders were made regarding the family home, pensions and the couple’s debts and liabilities, as well as the ownership and custody of the family dog.
Historically, pets have been considered as personal property in family proceedings and therefore have been treated as such in regards to ownership upon divorce. Ownership of a dog, much like a chattel, has been identified by understanding who bought it and who cared for it financially, including the payment of insurance, vets bills, grooming etc. However, the courts have recently begun to recognise the significant emotional attachment that dogs have within families and how that should be dealt with after a break up.
In this case, the following factors (along with others) were pivotal in the judge’s decision :-
- The primary caregivers role;
- The dog’s living arrangements post separation; and
- The dog’s emotional bond with the children of the family.
In line with the above, the court ruled in favor of the wife, granting her sole custody of the dog.
The implications of the case
The implications for this case mean that dogs in divorce will be recognised as an important part of family life, and not just a chattel. The dog’s place in the family will be identified and orders shall be made in respect for their placement post-separation. It is always important to make sure that the best interests of any children involved in a separation are the paramount consideration. This not only includes their housing needs but also emotional wellbeing, which may mean that the dog should be placed with them to provide familiarity in a time of uncertainty.
In break ups not involving children, the placement of a family dog post separation is still very important and similar considerations will be made in terms of their previous living arrangements and the identification of the main caregiver.
How we can help with who gets custody of the dog
Court proceedings should always be the last resort and we try to keep matters out of court if we can. If there is a dispute between you and your partner regarding your family dog, you can agree arrangements that suit you both, much like a shared care arrangement in Children Act proceedings, whereby both parties have equal time caring for the dog post-separation.
