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Topic: finding your dog rehomed (Read 118 times)
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alexine
Newbie
Posts: 23
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just wondering, were do you stand if your dog has been missing like mine for a few months , and hes been rehomed by some rescue, cant see it in my case im afraid as chico was chipped and rescue would of scanned him, but if it did happen how do you stand to get them back if new owner does not want to give up the dog.
Thanks Alexine
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K9
Chris
Owner
Hero Member
Posts: 6716
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If your dog was taken to a rescue and not scanned then they could be in trouble and you would have to take a civil action against them and hope that they would contact the new owner on your behalf if only to agree that they can keep the dog, If a dog is not chipped then you have 7 days to recover your dog if in kennels before they can legally rehome it and you have no right to getting it back . They do not have to tell you where it has gone. If on the other hand a person has picked up your dog and failed to report it to the authorities then you have every right to get the dog back through the police/courts as it is an offence not to report a found dog, same applies if stolen , this would apply to a chipped or unchipped dog. This is my basic understanding but there may be some finer points Chris
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« Last Edit: July 03, 2008, 04:46:59 PM by K9 »
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He is your friend,your partner, your defender,Your Dog! You are his life,his love,his leader! He will be yours,faithful and true to the last beat of his heart! You owe it to him to be worthy of such devotion!
SAVING ONE DOG MAY NOT CHANGE THE WORLD BUT IT SURE WILL CHANGE THE WORLD FOR THAT ONE DOG!
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secretldyuk
Site Manager
Hero Member
Posts: 1746
SITE MANAGER
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this is also from the same site. Might explain why the police treat stolen dogs the way they do?
Custody and Access Disputes
In law, a dog is regarded as a 'chattel' ie. an item that is owned. In the event of a dispute on who should have custody, the Court would consider who is the dog's owner. Such a case is likely to be heard in the Small Claims Court (part of the County Court) and the claim would be for:
A declaration of ownership, and
An order for the return of the dog, and
An order for damages for wrongful retention of the dog
The Court may have regard to many factors including who bought the dog, whose name is registered with the Kennel Club and who is the one who actually looks after it. A Court may simply decide that the dog is jointly owned and in the absence of an agreement on who should have it, may order that the dog be sold and the proceeds shared. Another alternative, would be for the Court to order shared ownership, so that (for example) each party may have the dog for 6 months of the year.
Please bear in mind that in a divorce situation, ownership of the dog should be considered at the same time as the other matrimonial chattels are decided.
The Court does not have the power to order access to a dog.
http://www.doglaw.co.uk/legal/custody.php
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"dogs don't have voices, so I speak for them."
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