New legal test needed in ‘pet custody cases’ - ‘Best interests of the animal’ approach advocated An article in The International Journal of Law, Policy and the Family (Oxford Journals), written by Deborah Rook of Northumbria Law School - Who Gets Charlie? The Emergence of Pet Custody Disputes in Family Law: Adapting Theoretical Tools from Child Law – harnesses the extensive literature on childrens rights and the best interest of the child test to advocate a new approach to resolving pet custody disputes on relationship breakdown. The author says that many owners see their pet as a family member. Consequently family lawyers are being asked to advise on pet custody matters. Reported cases in the USA and Israel show that two distinct tests have emerged to resolve pet custody disputes: first, the application of pure property law principles and secondly, the application of a best interests of the animal test. In England and Wales the courts tend to emphasise the property status of pets, apply the property law test, and dismiss the best interests of the animal test. However, Ms Rook says that the courts decisions are also influenced by other factors, such as the emotional bonds that exist between the pet and carers and the interest the pet has in avoiding physical harm. Ms Rook argues that these factors should considered by the court and might prevail over property law considerations. The article is linked below:
Posted on: Mon, 14 Jul 2014 17:20:40 +0000
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