Post # 1
My ex who I was with for five years and I share custody of our English bulldog “Frenchie.” We have been doing this for two years.
For a while he has been talking about getting another dog and I’ve told him numerous time how I am not okay with that.
My reason for not being okay with it is because Frenchie is 7 years old, has trouble breathing, has hip dysplasia and generally doesn’t get along very well with other dogs.
Yesterday he got a Rottweilier puppy.
I am concerned about the safety and emotional wellbeing of Frenchie. Considering that Rotties tend to be active dogs, especially puppies, and Frenchie can barely make it up a flight of stairs.
I’ve told my ex that I don’t think it’s a good idea to continue to share custody.
He has threatened to take me to court.
My problem now is that he claims to have vet papers that state that he is Frenchie’s owner. I just registered Frenchie and got her a pet license under my name.
The most recent vet bill was paid by him, he was willing to pay since he makes a lot more money than me and didn’t ask me to chip in…
So obviously i’m scared that if we go to court, he could win because of these stupid vet papers.
Is there anything further that I can do? What would you do in my situation??
Post # 3
I don’t really have any advice to give other than take Frenchie and never give her back! (Half joking…).
I am so sorry you have to go through this with your fur baby, she is precious.
Post # 4
She is too adorable 🙁 I wouldn’t even know what to do in this situation. I imagine it would be wise to consult a lawyer?
Post # 5
@Treejewel19: lol this! Friends of mine went through something similar, she kept the dog and avoided him for about 2 months and he finally lost interest and she got to keep her baby!
Post # 6
She is so cute. All I can think of is do what the woman did in “Legally Blonde”, that is what I get for watching it recently.
I too say you should consult a lawer. I think you have a at least some things going for you since you registered the dog as well as you will probably have the best place for her to live due to him getting a rambunctious puppy that could harm her. Try to round up any paper work or vet records you can showing that you have put money and care towards her well being so it doesn’t look like he does everything. Is your name on the paperwork when you purchased/adopted her? If you go to court you will need everything you can. It sucks that he is being such a jerk about it.
Post # 7
I have been through a divorce and there was a dog involved too (who I currently have!).
Now you could wait and see how Frenchie does with the new puppy. New puppy situations aren’t always horrible. I’ve heard of puppies making older dogs seem like puppies themselves again. Then if he sees stress with Frenchie, maybe he’ll decide that you can have her, or cut custody down a lot.
In my state (Utah), pets acquired during the marriage are common property. So it doesn’t matter who paid the vet bill or who registered under which name or the name on the vet bill. However, I don’t know the rules for common property in Toronto.
I don’t get this part about his vet “has papers” – papers for what? If you went to your vet you’d have “papers” like this too right?
You could visit a lawyer for advice (here we have one hour consultation, no need to retain a lawyer) and see what your options are. Come prepared with as much paperwork as you can. Then you can see if you can take your ex to small claims court. In the US, you can represent yourself in small claims and the fees are much less.
Since our dog was a pound puppy, any judge would have deemed her value at $35 (the price of a pound puppy) and make one person pay the other $17.50 (half of $35). They are treated like a TV in the eyes of the court. A TV acquired during the marriage.
Post # 8
@bretonvirgniia: Honestly, I would just take the dog (on the day you have her) and run. Being one person and handling an older dog and a puppy is very straining, you might want to remind him of that.
Post # 9
I don’t know if taking the dog and running is the best choice, as if he then decided to take you to court, you’d look like an asshole stealing what is half his. What would happen to you if a car was half yours and you just drove off into the sunset with it? I’d imagine you’d be in pretty big trouble when he took you infront of a judge. I think you need to contact a lawyer for advice, find out what you can do in this situation. Google “custody over animals in divorce canada” it brings up a lot of articles that may be helpful.
Post # 10
Under the Canadian law, a pet is considered personal property, henceforth whomever the pet is regestered is the legal owner (kind of like a car, doesn’t matter who last paid the insurance, it matters who’s name is on the paper).
*sorry to compare a living animal to something like a car, but it was the best example that I could think of at the time. I in no way mean to say that an animal equates to something so material*
Post # 11
So, is she microchipped? If so, whose name is she under?
In all honesty, you can go to any vets and say ‘this is my dog, something is wrong, can you have a look?’, they will take her details, your details and bill you, this does not prove that you are the owner. The vet does not ask for proof of ownership. However, someone tried to take FH’s dog and that is how he proved she was his dog.
If I were you, I would go to a different vet, make an appointment and then you’ll have your own vet papers saying she’s yours. If she’s not microchipped, take her to get microchipped under your name.
He has no more proof of ownership than you (and less by the sounds of it, if she’s registered under your name).
Post # 12
@Lovemelovemyhorses: apparently you can register your dog under your name at the vet as well but I would think that having a Dog License in Toronto under my name is more valid. I also am going to take her to get microchipped this weekend under my name.
Post # 13
@PoppyH: Yeah that is what i’ve been reading but the court would also consider the vet bills. Most of the vet bills are under his name but this doesn’t mean I didn’t contribute half (if not more sometimes depending on our financial situation when we were together).
I have her Toronto License under my name and will be getting her microchipped under my name.
Time for a battle! 🙂
Post # 14
naww im so sorry to hear this!! I wouldnt know what I would do if it was me, maybe just try talking to him and making him see that he has a new puppy now so maybe frenchie should be left with you. See how she gets on with the rotty, they might love eachother and eveything will be ok! fingers crossed for u though xx
Post # 15
Now I’m in a position where if I give him the dog for a week or whatever he may never give her back…
Ughhh what to do!
Post # 16
@bretonvirgniia: I wouldn’t trust it.