During a divorce, there are many disputes over possessions. Feelings run high, but because material possessions can be replaced, usually these disputes are resolved quickly. When the dispute is over a family pet it is harder to sort out amicably. People argue more about who gets the family dog than anything else.
All solicitors have experience at resolving issues over material possessions or over access to children, but most do not have experience in resolving disputes involving pets. In the US, federal courts are hearing cases involving custody of the family pet after a divorce. In those cases, the welfare of the animal is the main consideration. The judge normally grants custody to the person who can provide the best environment for the pet. In Europe this type of dispute rarely ends up in court, but when they do the judge usually decides using a similar criteria.
If you have pets then it is important that you put the pet first when deciding where that pet will live after the divorce. Before insisting that the family pet comes to live with you ask yourself if you really have the time and resources to care for it properly. It may be that because of the divorce you need to work more hours. Instead of living in a house with a garden, you may have to live in a flat. Where possible share the care of the pet, pets hate to be parted from family members for long periods. Try to remain calm around your pet, animals are very sensitive to a bad atmosphere and can become ill in a stressful environment.
If you have children try not to separate the children from their pets. The pet should continue to live in the same home as the children. Losing a pet at the same time as losing a parent is heartbreaking for most children. It is also worse for pets to be parted from the children of the family, because pets normally spend more time with the children of the family than with the adults.
If you cannot agree between yourselves where the pet will live after the divorce rather than go straight to court try to settle the problem using a mediator. Your solicitor can recommend someone with prior experience with issues related to pets. If you still have to go to court, make sure you use a good solicitor to prepare your case.
A good divorce solicitor can be invaluable if you need guidance and advice. Contact Lee & Priestley today, the top Yorkshire law firm who can advise on all aspects of divorce and family law.