Separation or divorce? Who gets the dog and is a dog visitation arrangement possible?
Ownership and access arrangements with pets

07-02-2023

Dogs feel like complete family members to many people. Therefore, when couples separate, the dog can be a point of discussion. The comparison with children is easily made. A quick internet search brings me to dog diapers, dog toys, dog beds, dog shoes, dog jackets and dog baby carriages. Legally, however, a dog is not at all comparable to children. Legally, a dog is a thing, similar to a chair or a couch. A dog also has no rights of its own; children do.

To whom does the dog belong?

The first question to be answered when there is discussion about the dog is who owns the dog. This is because the owner may determine where the dog will live and who may have contact with the dog.

The following facts and circumstances may be considered legally relevant by a judge when it comes to the question of who owns the dog:

• Who is listed on the purchase agreement and the pedigree as the owner?
• Who went to puppy training with the dog?
• Who primarily cared for the dog?
• Who took the dog to the vet and paid the vet bills?
• Who paid the care costs and insurance for the dog?

If one of the parties can answer all of the above questions in the affirmative, however, this does not mean that a judge will rule with certainty that that party is the owner of the dog. This depends -as often in law- on all the circumstances of the case. Facts and circumstances other than those mentioned above may also be considered legally relevant by a judge. Furthermore, there may be co-ownership, for example in the case of a marriage in community of property or if the parties have so agreed. Furthermore, the judge will look at the interests of the parties and the interests of the dog.

A visitation arrangement with the dog?

Only the owner of the dog may determine what happens to the dog and may refuse to cooperate in a visitation arrangement. Cooperation with a dog access arrangement cannot be enforced in court.

Do you have questions about ownership or pet access?

If you have questions about ownership or a visitation arrangement with your dog, please contact Mrs. Y.M. Bérénos. She will gladly assist you and give you advice about the legal possibilities. Of course this also applies if there is a discussion about ownership or a visitation arrangement with other pets.