Family lawyers across England and Wales will be wagging their tails this week, after useful guidance was given in the Manchester Family Court about the ownership of family pets. We are often asked by clients what happens to shared pets, particularly dogs who are undoubtedly an important member of the family in modern day life. This can be a tricky and emotive area to advise on.
In the case of FI v DO, a district judge considered arguments from a separated couple as to with whom the dog (let’s call her Fido) should live, over 18 months after they separated.
The judge in the case was not so concerned about who purchased Fido originally, but rather who she sees as her carer and not such a focus on historic care, either. The judge was interested in who actually looks after Fido now.
In what sounds like a Homeward Bound style adventure, Fido was taken from the family home post separation by the husband. Happily, Fido made it all the way back to the family home by herself! The judge in this case felt this itself demonstrated Fido considered that home to be a safe space and where she belonged. The judge also said that the wife’s evidence “showed someone who understood about dogs, was compassionate and would always put the dog’s interest first” finding that Fido should ultimately stay with the wife.
A Disney-esque happy ending for Fido!
For more information. see our insight: What happens to the family dog on separation?
How can Tozers help?
If you require any further advice on the divorce process or require assistance to proceed with a divorce, please do not hesitate to contact our specialist Divorce and Finances team.
