Monday 14 July 2014

Who gets the dog?

Back in January I blogged about the fact that 20% of separating couples argue about who gets the dog... Now it seems that the goalposts for decision making may be changing.

A new paper by a leading legal academic (Deborah Rook of Northumbria University) says that in the US and Israel different tests are being used to decide 'who gets the dog' in matrimonial disputes which may, in turn, lead to a shift in what factors are used in Court to decide where Fido should live.

In England and Wales we look very much to the 'property' aspect which is exactly this: who owns the dog? We'd look at who paid for it, who paid the insurance, who paid the vets bills, food, etc. In the US and Israel they're now beginning to look at 'what's in the best interests of the dog?' so factors such as the emotional bond Fido has with his humans and where he is likely to come to least physical harm.

One example cited in the paper is of a woman who wanted to keep the two family dogs in a divorce. The husband asked for the Mercedes Benz SLK instead (worth about £15,000 at the time) and that was agreed - he got the flashy car and she got the dogs.

Apparently he never even asked about them again, so the pooches were probably best off with the wife!

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