Research in Britain shows that 39%[1] of dog owners would pursue legal action for custody of their pets, and many do! In Australia the Family Courts will not rule on pet custody, which is a good thing according to relationship advisers who say that there are better ways of sorting out who gets the pet when dealing with divorce. Mary Mertin-Ryan, national director, Relationships Australia, says during the difficult process of separation it is better to quickly resolve most issues, such as who get the pet, before rational communication can break down. “Obviously, the first consideration over 'pet custody' is the pet. We would ask the owners to consider what is in the best interest of the pet and what’s the right decision for its happiness and wellbeing.
“Pets are deemed 'property' in a divorce settlement and new ownership needs to be resolved between the couple out of court. Owners need to set aside their difference and emotional ties, and agree the best outcome for the pet,” said Ms Mertin-Ryan. Pets, like humans, can experience stress. During times of separation and divorce pets may pick up stress from their owners, or become stressed because of changing circumstances. Dr Karen Budd from Camberwell Veterinary Clinic says that pets generally don’t like to have their routines or surroundings changed.
“We would recommend you try and maintain, as much as possible, their routine and environment. In the situation where this may involve moving house, ensure they have their familiar blankets, toys, kennel or sleeping mat,” said Dr Budd.
Some couples decide on shared custody of their pet. Although this is very rare, Dr Budd believes it can work if both parties are doing it for the best interest of the pet. “Cats and dogs are finely-tuned to the emotions of their owners. When their owners are stressed or upset, they suffer too.” However, Dr Budd added, “It’s during difficult and stressful times that you can really appreciate the unconditional love and companionship of an animal.”
Recently separated Cynthia said Chelsea was her greatest support during her separation. “She was always there, happy to see me no matter how dreadful I felt and completely loyal. It was nice to have someone to focus your affection on, especially at night when the children were with their father and I was alone,” said Cynthia. [1] K9 Media Solutions UK for Direct Line Pet Insurance 2003