Access to my Dog after separation

[Chrisw73]

Hi

I hope this is in the right section, if not I apologise.

I separated from my civil partner back in December 2014, and not on particularly good terms. We had two dogs together, one which I already had when we got together, but the other one, a Black Labrador girl, was given to us by a friend as a belated civil partnership gift, back in June 2010.

Up until I left my ex had always maintained that when we separated he would never stop me from seeing her. However he changed his tune after I left, and in an email to me said he was rescinding what he'd agreed previously, because of the way I left (moonlight flit - long story) and the things I had taken with me.

i had to return with my dog to stay with my parents a good 140 miles away, as I have a medical condition and needed to be close to family for support. However I do make regular trips back to visit friends in the area, but before each visit I would email him to ask to see her, only to be told no. He would say he didn't want her seeing me again as it would be upsetting to her or some such excuse, but I know it's really just out of spite.

My other dog is pining for her, and hardly eating. At 10 years old this is not a good thing for him, if we're out on a walk and he sees another black lab he gets so excited but because it's not his 'little sister' gets upset and completely stops eating for days, to the point I'm getting concerned for his health.

So my question is this; do I have any legal right to see her, as both mine and my ex's names are on her kennel club certificate as her registered owners?

Any advice would be greatly appreciated, I'm due to head back down in a couple of weeks and will be emailing to ask to see her again, as I do every time. (Although I think he's blocked my email address now)

Thanks in advance! aw:

[stevemLS]

Re: Access to my Dog after separation

Are you dissolving your civil partnership?

As I understand the legal status of dogs they are a "chattel" and as such would have to be dealt with in the same way as any other jointly owned "property". That is to say if you can't agree, it would have to be dealt with by the court.

I suppose, in an insensitive way, it would be the same as asking if you had any right to play a jointly owned CD that was in his possession.

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I may well be wrong!

[Chrisw73]

Re: Access to my Dog after separation

Hi, and thanks.

Yes, we will be dissolving the civil partnership as soon as I'm able to raise the money, which is extremely tight at the moment.

I had heard of something along those lines I think, but I wasn't sure as I have her original kc certificate in my possession, which has both of our names on it. He had threatened in the past to have my name removed but without my signature he can't, though I wouldn't put it past him to forge it, which opens up a whole other can of worms.

I'm going to write another email, sent from a different address so hopefully it will bypass his filter, and be as conciliatory as possible. If he still refuses access then I will sadly have to consider other means.

Thanks again!aw:

[stevemLS]

Re: Access to my Dog after separation

Good luck with it, I know how difficult these things can be - my ex and I probably stayed together for about 2 years longer than either of us wanted because of the dog, we split shortly after she died.

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You made me curious though and I found this http://www.doglaw.co.uk/custody.php which pretty much confirms the position I outlined.

[Chrisw73]

Re: Access to my Dog after separation

Great link, thank you... Given me food for thought aw:

[SPQR]

Re: Access to my Dog after separation

Yes, we will be dissolving the civil partnership as soon as I'm able to raise the money, which is extremely tight at the moment.

If your money concern is the £410 application fee for dissolving the civil partnership, you may be entitled to fee remission if you have low earnings.

Basically, you don't have to pay the fee if:
1. Your disposal capital is less than £3000; and
2. Either your monthly income less than £1,085; or you receive one of the following benefits:

• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Income support
• Universal Credit – with gross annual earnings of less than £6,000
• State Pension - Guarantee Credit

You can also get a discount to the court fee if:
1. Your disposal capital is less than £3000; and
2. Your monthly income is less than £5,085

http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

[SPQR]

Re: Access to my Dog after separation

As I understand the legal status of dogs they are a "chattel" and as such would have to be dealt with in the same way as any other jointly owned "property". That is to say if you can't agree, it would have to be dealt with by the court.
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You made me curious though and I found this http://www.doglaw.co.uk/custody.php which pretty much confirms the position I outlined.

I think that the family court would have jurisdiction in this instance (rather than the small claims court).

[Chrisw73]

Re: Access to my Dog after separation

If your money concern is the £410 application fee for dissolving the civil partnership, you may be entitled to fee remission if you have low earnings.

Basically, you don't have to pay the fee if:
1. Your disposal capital is less than £3000; and
2. Either your monthly income less than £1,085; or you receive one of the following benefits:

• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Income support
• Universal Credit – with gross annual earnings of less than £6,000
• State Pension - Guarantee Credit

You can also get a discount to the court fee if:
1. Your disposal capital is less than £3000; and
2. Your monthly income is less than £5,085

http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

Wow, that's really helpful, thank you! Kinda wish I'd known about this this morning when I filed for bankruptcy, lol... At least I can apply retrospectively :-)