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.
PROBLEM
When should I use the small claims court?
Although the small claims court is a simple way to settle a dispute, it should only be used as a last resort.
You must try to resolve the problem before it goes to court. Only if this proves impossible, should you consider court action.
When you can use the small claims court
You can use the small claims court for most breach of contract claims.
This means the small claims process can be used for many consumer problems ranging from unfairly issued parking tickets to retailers who refuse to take responsibility for their faulty goods.
The main restriction is on the amount you can claim for. In England and Wales, you can claim up to £5,000 in the small claims court. In Scotland and Northern Ireland it’s £3,000.
But, even if your claim is within the claims limit, a judge may decide that a case cannot be heard as a small claim if the case is believed to be too complex.
When you can’t use the small claims court
If your claim is above the claims limit, or a judge decides that you cannot use the small claims court, you will have to use the full county court.
This is much a more complicated process, can be more costly and can take a lot longer. And, you’ll also normally need a solicitor to prepare your case.
It’s worth noting though, that your car or home insurance policies may have legal expenses cover.
This means they could pay for your legal costs to take action in the full court for certain types of cases. Check your policy for details.
How much will it cost?
Using the small claims court should cost you relatively little. This is partly because you put the case yourself, so you don’t have to pay for a solicitor.
You’re required to pay in the fees needed to take a claim through the small claims course in advance.
The total amount you could have to pay depends on the amount you’re claiming for, and whether you’re in England, Wales, Scotland or Northern Ireland, and how far your claim goes through the court process.
The most you’ll have to pay in England and Wales for example, is £485. But it may well be a lot less, and if you win you can claim the money from the defendant.
You may also have to pay for an expert to provide evidence to support your case. For example, a mechanic to say that a fault in your car shouldn’t occur in a car of that age.
If you win, the defendant will have to pay these fees on top of the amount you’re claiming for.
There’s a limit to the amount you can claim for expert fees though – in England and Wales it’s anything up to £200.
