Over half of UK adults own a pet. That’s over 13 million dogs and 12 million cats. That’s a lot of fur. When relationships end what happens and how does the law assist?
The law is still a bit of a mishmash and if there is disagreement it can be difficult to navigate using the available legislation we have at present. However good lawyers and some courts can be helpful in this regard. As it currently stands the law still regards pets as objects or chattels. This may change with the Animal Welfare (Sentience) Act as the word in brackets look to recognise pets as beings and not mere objects. The Domestic Abuse (Pets) Bill drafted by a Christina Warner, a prominent barrister, has now moved to a second hearing by Parliament. The Bill hopes to address current gaps in The Family Law Act by including pets in protective court applications where there is evidence of domestic abuse and controlling and coercive behaviour. If this finds its way into statute then pets could be protected and therefore recognised where they would not have been in the past. So there is movement in the right direction to recognise the family set up and pets playing an important role in a family. At this moment in time the county court deals with pet disputes. A claim from an individual or civil litigator (or dispute lawyer) has to be issued and a court then needs to decide who keeps the pet. The pet is still seen as property and it all hinges on ownership. It is an emotionless and binary decision for a court to make.
So how do family lawyers help and where do they fit in? If there is a dispute then the first port of call is mediation. If agreement cannot be reached then a third party is often a useful tool to broker a deal between a couple. Alternatively plans can be made in an agreement just in case things do not work out. Pets and ongoing care can be agreed and documented in a cohabitation agreement or for married couples in a pre nuptial or post nuptial agreement. These agreements are commonplace now as couples are often practical and sensible going into a relationship with open minds and it is now seen as the ‘norm’ in modern times. Family lawyers can also broker deals between disagreeing couples and sensible and practical practitioners can incorporate any agreement into a court order that can be approved by similar minded and solution focused family court judges who recognise that the family pet has, and will continue to be an important ongoing member of the family. This is especially true where there are children involved and they see their parents working together to keep a constant in a changing family dynamic.
