Steph M Posted May 29, 2016 Share Posted May 29, 2016 I have a question on behalf of a friend. He and his ex bought a dog together, they broke up and she decided to move countries. She needed a home for the dog so he offered, dog has been there for months. She comes home, he's desexed dog, vaccinated dog and trained dog up. Dog is happy and loved. She comes home and decides she wants dog back, he says no, she asks to have him weekends, lo and behold first weekend she won't return dog, leaves snarky voicemail saying she has him, isn't returning him and to not make this messy. He's heartbroken, has put so much love & work into dog. Clincher is chip is still in breeders name, he has however been in the process of changing it for months and has emails to that effect between himself, breeder and chip registry. So after all this my friend goes to the police, is told sorry, you handed the dog over, we can't help, you need a lawyer. Friend is going to push ahead with details on the chip and list him stolen etc and go to the lawyer etc. Anyone have any hints, ideas or been through similar? I'd take any advice for the guy, it's such a low blow. Link to comment Share on other sites More sharing options...
JulesP Posted May 29, 2016 Share Posted May 29, 2016 Fairly sure dogs are included in property settlement. No idea who the judge would award the dog to in this case. Did they do a council registration? Link to comment Share on other sites More sharing options...
Steph M Posted May 29, 2016 Author Share Posted May 29, 2016 Not sure! I'll check. There was no official property settlement though, they aren't married (thank god, she is nuts) Link to comment Share on other sites More sharing options...
Little Gifts Posted May 29, 2016 Share Posted May 29, 2016 Being property I think it is clear even though nothing may have been in writing between them that she left the dog with him. She left the relationship and country. He desexed and trained dog under his name and there will be evidence of this. He bought it food. She would have to show evidence of it being a temporary care arrangement in her absence and evidence she was reimbursing him for monies spent. She won't be able to of course. Sad she is being so horrible and has taken advantage of him. Link to comment Share on other sites More sharing options...
Purdie Posted May 29, 2016 Share Posted May 29, 2016 If i was in that situation i would go to the persons home when they are out and take back my dog. Link to comment Share on other sites More sharing options...
Dame Aussie Posted May 29, 2016 Share Posted May 29, 2016 If i was in that situation i would go to the persons home when they are out and take back my dog. Me too. I know it's not the legal way but stuff that. I think he should be able to prove the dog should be with him as he cared for and desexed it and she left the country. It will help if it was registered under his name with the council too. What a bitch Link to comment Share on other sites More sharing options...
Steph M Posted May 29, 2016 Author Share Posted May 29, 2016 Being property I think it is clear even though nothing may have been in writing between them that she left the dog with him. She left the relationship and country. He desexed and trained dog under his name and there will be evidence of this. He bought it food. She would have to show evidence of it being a temporary care arrangement in her absence and evidence she was reimbursing him for monies spent. She won't be able to of course. Sad she is being so horrible and has taken advantage of him. It really is sad, dog was in a crummy state when he got him back too. If i was in that situation i would go to the persons home when they are out and take back my dog. Yeah that's been considered too I think. I did ask if there was a way into the yard from the street... Link to comment Share on other sites More sharing options...
Steph M Posted May 29, 2016 Author Share Posted May 29, 2016 What a bitch That is the understatement of the year! Link to comment Share on other sites More sharing options...
Pjrt Posted May 29, 2016 Share Posted May 29, 2016 Although it seems clear who has invested more into the dog, who actually owns it seems less clear. I think I would seek proper legal advice so it doesn't all go down hill from here. Pinching the dog back is not the way to get the best final outcome! As tempting as it would be. I'd be making sure I have a paper trail of every conceivable thing to do with the dog. Purchase paperwork, registrations, vet receipts, any other expense receipts, Right down to any record of personal conversations and correspondence surrounding the dog I believe there are lawyers who specialise in animal cases. A quick search of animal lawyer + state should bring something. Link to comment Share on other sites More sharing options...
persephone Posted May 29, 2016 Share Posted May 29, 2016 just make sure she doesn't microchip said dog !! how sad - Link to comment Share on other sites More sharing options...
Steph M Posted May 29, 2016 Author Share Posted May 29, 2016 Although it seems clear who has invested more into the dog, who actually owns it seems less clear. I think I would seek proper legal advice so it doesn't all go down hill from here. Pinching the dog back is not the way to get the best final outcome! As tempting as it would be. I'd be making sure I have a paper trail of every conceivable thing to do with the dog. Purchase paperwork, registrations, vet receipts, any other expense receipts, Right down to any record of personal conversations and correspondence surrounding the dog I believe there are lawyers who specialise in animal cases. A quick search of animal lawyer + state should bring something. I think that's what is on today's agenda, it was my idea to go on a pinching spree, haha. just make sure she doesn't microchip said dog !! how sad - He is already chipped, she never bothered to change it from the breeder so he's been in the process of changing it and has communications with both breeder and chip reg, so that's a plus! Link to comment Share on other sites More sharing options...
Salukifan Posted May 30, 2016 Share Posted May 30, 2016 (edited) The best and only advice your friend should be heeding is legal advice. A contested ownership of this nature can be resolved through the local Small Claims Court. Your friend should beat a hasty path to the SCC Registry to initiate proceedings to regain his dog. The SCC court encourages and assists people to run their claims themselves. He has excellent evidence of 'ownership'. Court proceedings also tend to be a bucket of cold water over people behaving badly. I would also, as a matter of priority, get the chip registry to flag this dog's chip as either stolen or ownership contested. The last thing you need is the dog "disappearing" when the heat goes on its current holder. Edited May 30, 2016 by Haredown Whippets Link to comment Share on other sites More sharing options...
karen15 Posted May 30, 2016 Share Posted May 30, 2016 Who's to say the dog doesn't get out of the yard on it's own and find it's way "home"....... Perhaps courtesy of a friendly car ride.... I'd probably retrieve the dog if it was mine, then argue in court over ownership. Link to comment Share on other sites More sharing options...
Danois Posted May 30, 2016 Share Posted May 30, 2016 You're wrong there. If someone was to take these steps and then be pleading with a court to side with them, that will not be looked on favourably. Two wrongs don't make a right. Link to comment Share on other sites More sharing options...
melzawelza Posted May 30, 2016 Share Posted May 30, 2016 Legal advice for sure. Brett Melke in Vic does pretty much solely dog related cases. He's done a lot of the restricted dog VCAT appeals and a DOLer recently used him in a case involving her dog. He offers free 30 minute consults according to his website. Might be worth an appointment to seek advice. http://www.doglawyer.com.au/ Link to comment Share on other sites More sharing options...
Mrs Rusty Bucket Posted May 31, 2016 Share Posted May 31, 2016 just don't ask for assistance from the 60 minutes team. Hope he gets his dog back safe and sound. Link to comment Share on other sites More sharing options...
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