When a pair with a canine decides to separate up, who will get custody of their beloved pet?
Break ups can typically result in sophisticated animal custody disputes – as B.C.’s small claims tribunal heard in a current case concerning the possession of a miniature Australian shepherd pet named Mambo.
Whereas Pamela Zwicker took Mambo together with her when she moved out of her ex-boyfriend Daniel MacIntosh’s dwelling again in March, the Civil Decision Tribunal finally dominated that MacIntosh is the rightful proprietor.
Pets are thought-about private property underneath B.C. regulation, which CRT vice-chair Andrea Ritchie acknowledged could make possession tough to find out when private relationships break down.
“Folks are not looking for their pets handled like different private property that may be divided or bought to share the proceeds,” Ritchie wrote in an Oct. 27 resolution.
She referenced MacDonald v. Pearl, a 2017 Nova Scotia case that approached canine possession by way of questions like, “Who bore the burden of the care and luxury of the animal? Who paid for the animal’s maintenance? Who cared for it?”
Zwicker didn’t dispute that MacIntosh bought Mambo and paid for the canine’s veterinary payments, however in a written submission to the tribunal, she rejected the advantage of her ex-partner’s cash, labelling it “household funds.”
In a letter she left MacIntosh after shifting out, Zwicker mentioned she took Mambo due to the pet’s attachment to her personal canine, Harley. She additionally claimed MacIntosh “relinquished possession” two days after the then-couple picked Mambo up from the breeder when he left for an 18-day journey.
Ritchie rejected the notion that MacIntosh’s pre-planned journey, or the journey he’s typically required to do for work, was proof that he ought to surrender Mambo.
“I discover each events love and may adequately help the canine,” Richie mentioned in her resolution, whereas concluding MacIntosh has a “stronger possession declare” over Mambo due to his monetary contributions.
Zwicker has been ordered to return Mambo and the canine’s provides to MacIntosh, in addition to reimburse him for $125 in tribunal charges. CTV Information was unable to succeed in Zwicker in regards to the resolution.
One Fraser Valley household regulation apply recommends {couples} define pet custody agreements to keep away from future disputes of this nature.
“As with different agreements pertaining to the division of property in a relationship…the problem of ‘pet custody’ and the way it’s approached throughout or after the breakdown of a relationship, may be outlined in such agreements,” Dreyer Davison mentioned.
