For couples going through a break up, the question of what happens to the dog is a big one. We have allowed our dogs to take on a much more central role in our lives and therefore this question is becoming harder and more complicated to answer.
UK law currently treats a dog in the same way as an inanimate object; it is property much like your sofa or microwave. If you’re married and unable to come to an agreement, then the courts will help you to resolve this deadlock. However, if you’re single the owner will simply be whoever paid for it!
For those of you thinking that the wellbeing of your dog should also be legally taken into account, there is some positive news from across the pond. At the beginning of 2017 the state of Alaska made an amendment to their divorce statutes and will now treat pets more like children. This amendment was the result of a decade long fight by animal right activists, legal specialists and legislators to redefine legal boundaries between people and their property.
“It is significant,” said David Favre, a Michigan State University law professor that specialises in animal law. “For the first time, a state has specifically said that a companion animal has visibility in a divorce proceeding beyond that of property — that the court may award custody on the basis of what is best for the dog, not the human owners.”
There is no doubt that this is ground breaking in terms of animal law but I believe the real game changer is that judges in Alaska now have the power to assign joint custody of pets. Like most legal changes they reflect our own changing attitudes and behaviours. For right or wrong our relationship with our pets (especially dogs) has changed over the years and for many people their dogs are just as important to them as their children, so assigning joint custody is perhaps simply a logical progression.
There are a variety of conclusions you could come to after reading this post. As an animal lover you may suddenly decide marriage is a little more appealing or alternatively, you may have decided that paying for your puppy (and keeping the receipt) is a better option than going halves with your cohabiting partner! Either way, I predict that referencing joint custody agreements of prized pets will be de rigueur in the very near future.
Other references:
- Who gets the dog: How the custody of pets is decided in divorce – The Independent
- In a first, Alaska divorce courts will now treat pets more like children – The Washington Post
- Who gets the dog after a break up? – The Bark