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  • Custody of Dog

    Hi,

    I recently moved out of the home I shared with my common law wife. The issue is a purebred dog that is mine, I have the papers that prove ownership. She will not give me the dog. Cops here are confusing common law and marriage, which is not the case here in NS.

    Of course I want my dog back, that would leave her with our other 4 pets. She is being totally unreasonable.

    Has anyone had this happen? If so, what is the best course of action to get my dog back?

    I would think calling the cops and showing the papers would work?

    Thanks for the help,

    J

  • #2
    Hi Jennie,

    Welcome to the forum,


    A similar fiat was held in the Ontario Superior Court of Justice.

    see this case found at canlaw on the issue.

    Warnica v. Gering, 2004 CanLII 50065 (ON S.C.)


    http://beta.canlii.org/eliisa/highli...nlii50065.html

    -and-

    pdf copy of same

    http://beta.canlii.org/en/on/onsc/do...anlii50065.pdf


    I am not sure of the NS family laws but I would think they are similar to the Ontario Family Laws.

    With that said, I believe the said police in the NS jurisdiction appear to be acting in ignorance of Family Laws of your respective jurisdiction. If you have registration papers of the specified dog in your name, I believe you are the rightful owner and as such your only recourse is to call the police and have them obtain and return your property or be subject to future liability suit against them for not upholding the law.

    If they refuse, to be involved in the matter, I would go see a lawyer proficient in NS laws and definitely show them the Ontario Case I posted at the above link. They may advise you what steps to take from that point.

    Not much more I can add other than I hope this helps

    lv

    Comment


    • #3
      Dog

      Hi,

      Thanks for the reply. I spoke with my lawyer yesterday, he also mentioned that if I were to take the dog, while it is not on her property, thereby not tresspassing, that I would be fine.

      ie: If the dog was to go in the neighbours yard through an open gate, I would then be free to retain my dog and take him home with me. The fence is owned by the neighbour as a side note.

      Any thoughts?

      J

      Comment


      • #4
        Jennie,

        Thanks for the reply. I spoke with my lawyer yesterday, he also mentioned that if I were to take the dog, while it is not on her property, thereby not tresspassing, that I would be fine.

        ie: If the dog was to go in the neighbours yard through an open gate, I would then be free to retain my dog and take him home with me. The fence is owned by the neighbour as a side note.
        LOL - many ways to go fishing. I think that would be alright if you had the said neighbours permission. I don't think there would be any law violated if you also called the dog's name and had a nice t-bone steak waiting afterall your the dog's registered owner.


        lv

        Comment


        • #5
          More on the dog

          Yes, I thought it was a very creative way. I may call the police to get a feel for them as well, before using this method. But I do like the sound of it, easy, quick and not breaking any laws. I also like the fact that if the police were involved, it would show her that I am serious about it.

          Also, I am sure once I remove him from my neighbours yard, she will call the police claiming I stole the dog. I will have the papers ready for the police.

          Do you agree on the police call first?

          J

          Comment


          • #6
            Follow up to dog issue

            Hi,

            Just as a follow up, I have tried numerous times to get the police to help on this matter, to no avail.

            It appears I have 2 choices:

            1-Remove the dog while not on her property as discussed

            2-Court

            If anyone has any input into this matter, I would greatly appreciate it.

            Thanks

            Comment


            • #7
              Jennie Brown,

              It appears the police aren't too helpful in rectifying a reasonable solution to all concerned.

              Sometimes you have to take matters in your own hands. If the matter is litigated as a family law issue; the case would most likely get thrown out and significant costs would be occurred not to mention many months would elapse without resolve.

              In situations like this, I like to refer to the "Keep it Simple" doctrine!


              lv

              Comment


              • #8
                Keep it simple

                Hi LV,

                Thanks for the response. I will take the advice and start looking at a way to get my dog back off of her property.

                I agree with the Keep It Simple philosophy.

                Appreciate the help,

                JB

                Comment


                • #9
                  Small Claims Court

                  Hi,

                  The fight for my dog is now going to small claims court here in Nova Scotia...I did try to remove my dog from her, but with no success...Any advice for going to court on this matter?...

                  As a side note, we had 5 pets together, so it would seem fair that I get at least 1...Any thoughts?

                  Thank you

                  Comment


                  • #10
                    Jennie Brown,

                    Get your paperwork in order that will demonstrate ownership such as receipts, veterinary bills etc. File into the record for evidence. Some animals are micro chipped and such information is registered to an individual person.

                    lv

                    Comment


                    • #11
                      Latest Update

                      Hi,

                      I have heard that I am going to be served with papers from my ex counter suing stating that the dog was a gift to her...

                      When in fact, the dog was purchased by me for both of us in helping with the loss of our previous dog...When I did get the dog, my ex stated numerous times that she did not want another dog...

                      Of the 5 pets we shared, I am only going after the 1 dog...

                      Any advice here?..

                      JB

                      Comment


                      • #12
                        Jennie Brown,

                        If all the paperwork, receipts vet bills etc are in your name, I believe the onus would be on them to prove such was a gift and amounts to their word against yours and your paperwork. Bottomline is you want the animal returned.

                        lv

                        Comment


                        • #13
                          More on the Dog

                          Hi all,

                          Now my ex claims that the dog was a gift...I did buy the dog with the hopes of helping her/both of us get over the loss of our other dog...

                          The dog is CKC registered to me...I have the bill of sale in my name...Can she use this gift defense?. If so, how do I fight it?

                          Thanks as always

                          JB

                          Comment


                          • #14
                            Jennie Brown,


                            rebute the allegation. Its smalls claims court. Balance of probabilities prevails. You got the receipt for purchase and further CKC registartion in your name.

                            lv

                            Comment

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