A Paw-sitive Outcome? Navigating Pet Ownership in Family Law: The Case of FI v DO [2024] EWFC 384

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At Wilsons, we understand that the emotional bonds within families include our beloved pets, and the question of their care and ownership upon separation can be a significant source of distress.

Traditionally, pets have been legally classified as ‘Chattel’, mere personal property (akin to furniture). The court’s approach when deciding ownership upon divorce often boils down to factors like who purchased the pet, who primarily cared for them, who paid vet bills, or who has the financial capacity to continue to care for them – even if that person lacks a genuine bond with the animal. How can that be right?

The reality is that this is not an effective mechanism in for resolving this issue in a way that truly reflects the animal's well-being. However, the recent case of FI v DO [2024] EWFC 384 offers valuable insights into how the courts may be beginning to change their approach.

The Furry Issue

In the aptly named case of FI v DO on 20th December 2024, District Judge Crisp said this:

“It is an agreed fact that the parties separated, and the dog has been cared for solely by the wife since that separation some 18 months previously. I accept what the wife says 18 months is a long time in a dog’s life. It was clear when the dog ran back to the family home after he had been taken by the husband that the dog considered that to be a safe place and where he belonged. The wife’s evidence as I have set out was compelling but more importantly in my view showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there. It would be upsetting for both the dog, and the children were those arrangements to alter. The husband has managed without a dog for 18 months and it does not therefore seem necessary for his support, even if that were the case which I do not accept was the position at the time the parties separated.’’

In a decision welcomed by many in the family law field, the court ruled that the dog should remain with the Wife.

More Than Just Property?

The emphasis on the dog's welfare and primary caregiver, suggests a growing recognition within the legal system of the significant role pets play in family life. The law still views pets as property, but higher courts may adopt the stance taken by Judge Crisp and be increasingly willing to consider the practical realities of caregiving and the emotional bonds involved.

What This Means for You

If you are facing a separation or divorce and are concerned about the welfare and ownership of your beloved family pet, it's essential to seek expert legal guidance. At Wilsons, our compassionate and experienced family law team understands the unique sensitivities surrounding these issues. We are dedicated to providing you with clear, tailored advice and robust representation to navigate these challenging circumstances, always striving for the best possible outcome for you and every member of your family – including the furry ones.

Contact our dedicated family law team today for a confidential consultation and let us guide you through this process with understanding and expertise.

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