Can Somebody Suggest A Good Solicitor

[Sheridan]

If the lady has restraining orders and is concerned for the safety of the dogs, there may be something in the recent changes to the Family Law Act that may help. I recall something about pets being covered in domestic violence cases.

[JRT RESCUE]

If he keeps coming back, I will just block him and see if that works. He always said he wanted them for the two children to see on the monthly visits but he flies 200 kms to a visiting centre to see them which would probably not allow dogs and that would mean he would have to fly them each month down which isn't going to work. Also was told that he has also abandoned 2 huskies previously.

I just hope he goes away.

[Nic.B]

Tough one, it sounds as though you have it sorted Jill

If it helps others in the future I have learnt a bit about this. While a chip may not (on its own) prove ownership, the combination of chip and rego in someones name, combined with a stat dec declaring that you have been 100% responsible for meeting all of the dogs needs in your care, vet records in your name, any training, puppy school etc etc does hold a huge amount of weight for magistrates, councils and police.

Animals are considered property, though if you are able to meet the above the other party will be forced to prove otherwise.

Jill, I hope he doesnt pester you. I agree just cut him off and dont respond.

[Queen Maeby]

If the lady has restraining orders and is concerned for the safety of the dogs, there may be something in the recent changes to the Family Law Act that may help. I recall something about pets being covered in domestic violence cases.

Yes, that's true.

[Steve]

COMPANION ANIMALS ACT 1998 - SECT 7

Meaning of "owner"

7 Meaning of "owner"

(1) Each of the following persons is the

"owner" of a companion animal for the purposes of this Act:

(a) the owner of the animal (in the sense of being the owner of the animal as personal property),

(b) the person by whom the animal is ordinarily kept,

© the registered owner of the animal.

(2) A reference in this Act to

"the owner" of a companion animal is a reference to each and all owners of the animal.

Note: A provision of this Act that makes the owner of a companion animal guilty of an offence makes each owner guilty of the offence.

(5) When a companion animal is ordinarily kept by an employee on behalf of his or her employer, the animal is for the purposes of this Act taken to be ordinarily kept by the employer and not the employee. This subsection does not prevent an employee being the registered owner of an animal and does not prevent the employee being an owner if the employee is the registered owner.

(6) In any prosecution of the owner of a companion animal for an offence against this Act it is a defence if the defendant establishes that:

(a) another owner of the animal has been convicted of an offence arising out of the same circumstances, or the commission by another owner of the animal of an offence arising out of the same circumstances has been proved but a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence, or

(b) another owner of the animal has paid the amount of the penalty prescribed under section 92 (Penalty notices) for an alleged offence arising out of the same circumstances.

"registered owner" of a companion animal means the person shown in the registration information entered on the Register as the registered owner of the animal (and in the case of joint registered owners means each of those joint registered owners).

Glad is all been sorted - but this is a definition of owner FOR THE PURPOSES OF THIS ACT. So if the dog gets out and bites someone the person on the microchip wears the fine - but not for the purposes such as family law etc.