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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78450
Experience:  Over 5 years in practice
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My ex partner has kept our dog after relationship breakdown

Customer Question

My ex partner has kept our dog after relationship breakdown when he kicked me out making me homeless on 13rh June. Prior to our cohabiting I was living on my own with Roxy, she was very happy then. He has failed to answer my texts asking how she is and failed to take her for her inoculations, ignoring calls and texts from the vets. She is registered under my name and microchipped to me. Two weeks after he kicked me out of the shared home, when I went to get my furniture etc for storage, he asked if I was taking Roxy because she was pining for me. I had nowhere to live so could not take her then. After what started as amicable situation when moving my items out, he had a hissy fit and called Roxy back in and slammed the door. During our living together if he offered Roxy a treat and she didn't want it straight away, he'd say "f**k you then, go without". Roxy would leave the room if he raised his voice in any way or sit and quiver.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet, I just want my dog back as she is miserable with him. She fears him because she knows he is master
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Norfolk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My daughter has coixw recording of him askin me to take her when I collected my belongings, well most of them before he got in a temper
Submitted: 9 days ago.
Category: Law
Expert:  Jo C. replied 9 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 9 days ago.

Are you asking if you can reclaim her?

Customer: replied 9 days ago.
Customer: replied 9 days ago.
I just want her back
Expert:  Jo C. replied 9 days ago.

Thanks for the information and the time.

You do have twooptions.

The first is to suefor the money value of the worth of the dog. That is easy to do but it is not what you want.

The otheralternative is to seek an injunction from the county court forcing him to handthe dog over. You will have to provethat you are the owner of the dog which is a little more complicated thanproving that you paid for him but it can still be done. It does cost though.

The better optionis to write to him warning of your intention to sue as that is cheap and itmight work. You could get a solicitor todo that for about £100 plus VAT.

Can I clarify anything foryou?

Hope this helps.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

Customer: replied 9 days ago.
I am at work so cannot take calls
Expert:  Jo C. replied 9 days ago.

No problem.

I answered above anyway.

Customer: replied 9 days ago.
We bought her, ridge back cross staffy, 7 yrs ago and paid £40 each for her
Customer: replied 9 days ago.
In cash
Customer: replied 9 days ago.
My daughter has a recording asking if I would take her the day I got my belongings as said she was pining for me. This was before he threw a hissy fit and called her back in and slammed the door
Customer: replied 9 days ago.
If I pre warn him, he is the type to have her put down so I can't have her back. He is keeping her out of spite.
Expert:  Jo C. replied 9 days ago.

Yes, that is the risk.

Or possibly hide her and say she has run off

Customer: replied 9 days ago.
I could see if a friend would have her for a week. If I take him to court he will either do her in or lie about everything as per. I have witnesses who can verify how happy she was with me and the vets would back me as I call them regularly to see if he has taken her for her inoculations, which he hasn't and has ignored their calls and text
Customer: replied 9 days ago.
He is a very clever narsistist
Expert:  Jo C. replied 9 days ago.

Yes, that is the risk of this course of action.

The other alternative is just to negotiate or offer to pay him for.her.

Customer: replied 9 days ago.
Why should I pay him when we bought her jointly £40 each. All the vet bills have been paid out of my bank account prior the the split up
Expert:  Jo C. replied 9 days ago.

Then in that case you have to sue and take the risk that he takes the action you pointed out.

There are no magic wands or risk free options.

If you aren't willing to pay him then the only option is to sue.

Customer: replied 9 days ago.
Do you mean small claims court?
Expert:  Jo C. replied 9 days ago.

The first is to suefor the money value of the worth of the dog. That is easy to do but it is not what you want.

The otheralternative is to seek an injunction from the county court forcing him to handthe dog over. You will have to provethat you are the owner of the dog which is a little more complicated thanproving that you paid for him but it can still be done. It does cost though.

Expert:  Jo C. replied 9 days ago.

So it depend which you prefer.

Customer: replied 9 days ago.
All I want is to get my dog back where I know she will be happy again and get her jabs done regularly and in tine
Expert:  Jo C. replied 9 days ago.

Yes, I've covered the options above.

Customer: replied 6 days ago.
Hi, do you know how much it would cost to take my ex partner to small claims court to get my dog back please? I can get friends and family to write statements how she was with me and how is is scared of him. Also my vets will provide evidence I have been calling to see if he has taken my dog for her inoculations, which he hasn't so now she is unprotected
Expert:  Jo C. replied 6 days ago.

The small claims court is very cheap.

The county court, probably just under £1k all in.

Customer: replied 6 days ago.
it would be small claims I would need to get her back? He has ignored texts and I have not seen my Roxy now for 3 months and it's tearing me apart
Expert:  Jo C. replied 6 days ago.

No, for the reasons above.

The first is to suefor the money value of the worth of the dog. That is easy to do but it is not what you want.

The otheralternative is to seek an injunction from the county court forcing him to handthe dog over. You will have to provethat you are the owner of the dog which is a little more complicated thanproving that you paid for him but it can still be done. It does cost though.