Tack record in the Pet Custody Agreement effortlessly

Aug 6th, 2022
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How to Tack record in the Pet Custody Agreement

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my name is Lisa mccurdy I'm an attorney at Nixon Peabody in San Francisco I've been involved in animal law issues for about five years now we just had a panel discussion today with the San Francisco Bar Association discussing animal custody issues the speakers were me bill shoke who is a pet guardian who was able to give us his personal accounts of a custody issue that arose in his life and Joyce Tishler who is the founder and general counsel of the animal legal defense fund the issue of pet custody specifically and really most issues that relate to animal law generally are framed by the fact that under the law in all 50 states animals are considered personal property and for any of us who have pets we know that they hold a much dearer place in our hearts than other types of property do cars tables chairs and and those sorts of things and so litigants and courts in particular are really faced with a difficult situation when custody disputes arise on one hand courts as early as the 194...

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In Ontario, pets are considered property. For example, see the case Coulthard v. Lawrence where the court held that pets are legally not considered family members, and ingly child custody principles do not apply.
Proof of ownership of a dog will vary from family to family but can include such matters as evidence of a purchase, registration with the Kennel Club, evidence that the dog in question is micro-chipped with the micro-chip registered to the family, veterinary records, insurance etc.
A thorough review of the pet's history including origin of ownership such as a record of adoption, a proof of purchase or registration papers in the case of a purebred. The person whose name is listed will be considered the legal owner.
Establishing proof of ownership can be done through showing proof of purchase, whether from a shelter or breeder, or otherwise showing that the dog was gifted or given exclusively to you. Justifiably, many clients think that treating their pets as property misses the mark.
The Montreal SPCA has created one such draft "animal custody agreement," which says that in the case of a rupture in a relationship or living arrangement, the two sides will decide a pet's future home based on what is in its best interests, including past care and the level of emotional attachment of either owner.
A thorough review of the pet's history including origin of ownership such as a record of adoption, a proof of purchase or registration papers in the case of a purebred. The person whose name is listed will be considered the legal owner.
Establish your ownership rights through the following: Registration. Registration is not always mandatory. ... Veterinary records. ... Microchipping. ... Tags. ... A recent photo of your pet. ... Adoption or purchase records. ... Consider a pet agreement form.
In the event of a simple breakup, the person who bought the dog usually gets to keep possession. The exception is when the dog was bought as a clear gift to the other partner. In that case, the dog may belong to the recipient.
In Ontario, pets are considered property. For example, see the case Coulthard v. Lawrence where the court held that pets are legally not considered family members, and ingly child custody principles do not apply.
So remember, in the event of a simple breakup, where neither party is married, but they have shared a dog, the person who bought the dog, the person who can prove that the dog is their property, is the one who usually gets to keep that possession or the dog.

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