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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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Her ex boyfriend has now officially decided to file in court

Resolved Question:

Her ex boyfriend has now officially decided to file in court for legal ownership of the dog.
The situation is as follows:
1) My gf has proof from the breeder that she bought the dog back in 2013.
2) the dog's microchip is registered on her name
3) she is paying a full premium insurance for the dog every month and recently paid for her operation (she has proof as she claimed it throw the insurance)
4) he has somehow changed the vet's payment monthly plan direct with her vet without my g f's approval about a year or so ago we have just found out (we are talking to the vet about this anyway)
5) when my gf bought the dog her ex didn't want to take her to buy it (in Bolton) as he didn't want the dog in the first place, so my gf had to pay her friend to hire a car to take her (we can get written proof of this from her friend if need to.
6) temporary since we lived in a none pets allowed apartment we decided that we would allow him to have the dog for the week and we would have it every weekend until last weekend when he stopped us from picking her up saying it wasn't convenient and not other valid reason. .. since then he is denying access of the dog (ps we are now moving to a pets allowed house as by June ).
We tried to make him see sense by offering him (in writing) the possibility to see the dog as per our previous verbal agreement to prevent any court disputes, however his reply was that he got enough legal advice and he was happy for us to take him to court or offer him legal joint ownership of the dog.
Now we have no other choice but to try and get the dog back
My question is can we work on this with you on a no win no fee claim ?
Can I come to see you tomorrow after 3 o clock so that we can discuss a way forward? What are your fees for consultation?
Can we take this to a small case court and demand the return of the dog?
Please help
Simone Onnis
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
This is a question and answer site. We cannot work on the case for you.
I can answer any specific questions that you have.
Customer: replied 2 years ago.

Hi Jo,

Ok I undestand, based on the information of my email before do you think we can get the dog back in a small court case ?

Thanks

Simone

Expert:  Jo C. replied 2 years ago.
Is the essence of this that you had a dog together during a relationship and he kept him when you split up?
Customer: replied 2 years ago.

No sorry I am talking in third person on behalf of my current Girlfriend, her ex bf is now decided not to give her the dog back..

1) My gf has proof from the breeder that she bought the dog back in 2013.
2) the dog's microchip is registered on her name
3) she is paying a full premium insurance for the dog every month and recently paid for her operation (she has proof as she claimed it throw the insurance)
4) he has somehow changed the vet's payment monthly plan direct with her vet without my g f's approval about a year or so ago we have just found out (we are talking to the vet about this anyway)
5) when my gf bought the dog her ex didn't want to take her to buy it (in Bolton) as he didn't want the dog in the first place, so my gf had to pay her friend to hire a car to take her (we can get written proof of this from her friend if need to.
6) temporary since we lived in a none pets allowed apartment we decided that we would allow him to have the dog for the week and we would have it every weekend until last weekend when he stopped us from picking her up saying it wasn't convenient and not other valid reason. .. since then he is denying access of the dog (ps we are now moving to a pets allowed house as by June ).

sorry for the confusion

Expert:  Jo C. replied 2 years ago.
Im happy to help you with this but I really don't think you should be getting involved and exposing yourself to risk.
After all, if you had issues with your former partners you would get her to sort it out, would you?
You just leave this to her to resolve.
Has he got the dog?
Customer: replied 2 years ago.

Dont worry about that she is here with me, we are doing this together...

Yes he has the dog and wont let her see it...

He has changed the vet plan to his name without her consent we rang the Vet and they apologise but they cant do anything which is terrible.

We want to take this to a small court earing, do you think we have a case?

Expert:  Jo C. replied 2 years ago.
No, there is no way it can go to the small claims court.
To be wholly honest, it is not likely to be fruitful anyway.
You need to seek a declaration of ownership from the county court and a consequent possession order. That exceeds the small claims court because it is an injunction and costs will be an issue.
Also, the real problem is that almost certainly what the Judge will direct is that this dog was jointly owned and should be sold and the proceeds divided between them. That is a very common direction with dogs owned by couples who have split up designed really to get them to agree as the order is not what either party wants.
Usually as well the partner with custody just sells the dog to a friend to comply with the order and then buys him back. Not everybody has thought of that but quite a lot have.
Im afraid that if you want to keep a dog that was purchased during a relationship the only way to be sure it can happen is to take him with you when you leave.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for your answer Jo,

very good, however in requesting a declaration of ownership do you think I have a good change to obtain one looking a the fact that the dog`s microchip is registered in her name and she is currently paying premium insurance for the dog? surely she has ,more than him to proof the dog is hers?

Please let me know thanks

Expert:  Jo C. replied 2 years ago.
No, I'm afraid not.
The micro chip is a non issue. Many dogs have several microchips.
If he has had the dog since she left and that was several months ago then probably a court would say that he is the main care giver and he now owns him.
The best that could be hoped for is an order for sale but there is always a way around that.
Customer: replied 2 years ago.

Do you know on average how much it will cost me to ask for a declaration of ownership?

Expert:  Jo C. replied 2 years ago.
If you act without representation usually about £500-£600.
If you do use a firm of solicitors then that will rack up the cost.
The question is what is the point? People who have dogs can usually find a way around this.
Customer: replied 2 years ago.

thanks for that but not this time, we are thinking to leave the country and without the dog we cant go anywhere so thats why we need to sort this out....

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.
Please remember to leave feedback for my answer.
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