Alfie's Lost Dogs

A non commercial national database run by volunteers for the benefit of dogs! => INFORMATION TO HELP YOU FIND YOUR DOG => Topic started by: alexine on July 03, 2008, 04:01:18 PM

Title: finding your dog rehomed
Post by: alexine on July 03, 2008, 04:01:18 PM

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
Title: Re: finding your dog rehomed
Post by: K9 on July 03, 2008, 04:32:17 PM
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
Title: Re: finding your dog rehomed
Post by: secretldyuk on July 03, 2008, 08:40:46 PM
taken from cooper and co. soliciters


Stray Dogs
The finder of a stray dog must forthwith return it to its owner (if known), or take it to the local Police or Council (although soon it will only be the Council that will receive stray dogs).



The loser of a dog should notify the local Police and the Council immediately and should keep in regular contact.



If after 7 days the owner of a stray dog has not come forward, then the Council (or the Police) may transfer the dog to someone else, and the original owner's claim to the dog is likely to come to an end.



Make sure that your dog has a collar with a tag which contains your name and address. You could also have the dog microchipped to provide a further means of contact.


Title: Re: finding your dog rehomed
Post by: secretldyuk on July 03, 2008, 08:42:54 PM
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