By Melissa Gire, Associate Solicitor
Following on from my article about pet ownership disputes on the breakdown of a relationship, there has been a recent announcement that a new criminal offence for dog and cat abduction has taken a significant step forward with the Government backing a Pet Abduction Bill whereby anyone found guilty of stealing a dog or cat will face up to five years in prison, a fine, or both.
There will also be powers to make similar provision relating to the abduction of other animals commonly kept as pets, if there is evidence that the number of incidents involving abduction of other pets is significant or increasing. So, potentially, the proposed legislation could even cover the abduction of pet hamsters if there was an outbreak of hamster theft!
The Bill recognises that animals are not inanimate objects, but sentient beings capable of experiencing distress and other emotional trauma and this development could pave the way for a pet’s wellbeing to be considered in custody disputes in the future.
If the Bill were to become law, then the new focus on the animal’s well-being could mean that on the breakdown of a relationship, the person who bought the pet and/or the registered owner may not always be able to keep the pet. Whilst a law stating that the pet’s wellbeing must be considered could help to settle pet custody disputes, it could also open the door to even more litigation and costs for the separating parties who may already be going through a stressful time.
If you would like to discuss this further, please do not hesitate to contact Melissa Gire on email: meg@cooperburnett.com or Gemma Gillespie on email: gjg@cooperburnett.com or tel: 01892 515022.
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
