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My alcoholic ex wants the dog

(61 Posts)
Felicity53 Thu 08-Nov-18 07:56:42

I have a huge dilemma so forgive me if I ramble a tad.
I had to have my hugely abusive alcoholic partner removed from my house by the police earlier this year. The courts placed a 12 month restraining order on him.
He has just come out of rehab but within 24 hours was drinking again.
His children and I found him a place to live but no dogs are allowed. He bought a lovely Springer spaniel 8 years ago and she is a much adored family pet and this is the only home she has ever known. He is insisting on taking her away just to spite me. He cannot have her himself but says he will rehome her or have her put down. This would just be a new form of abuse but will most definitely push me to breaking point. I don’t know where I stand legaly or what I can do. I know he would defy the restraining order and take her. Any advice gratefully received.

TwiceAsNice Thu 08-Nov-18 08:00:23

Take legal advice ( free half hour solicitor appt?) as he is threatening to put a healthy animal down, although I doubt a vet would do this , maybe contact the RSPCA for advice too. As my ex husband was also hugely abusive you have my sympathy

eazybee Thu 08-Nov-18 08:10:21

I would imagine that the welfare of the dog is paramount, as it is with children, but I have no idea about the legalities of dog possession or ownership. Would you be able to register anything by way of microchip? You need to prevent access to the dog, and more importantly, to your home.

Iam64 Thu 08-Nov-18 08:27:40

Speak to the Police, you have probably already been in contact with their specialist Domestic Abuse team (or whatever its called in your area). Its likely they will go and speak to your ex partner and warn him if he breaches the order, he'll be back before the Court.
The police team will also be clear on what, if any action can be taken to stop him taking the dog. He's using the dog to abuse you but you already know that. Best of luck.

Anniebach Thu 08-Nov-18 08:36:02

Felicity, he was part of your family when he bought the dog, living with you? if so the dog was bought as a family pet , a gift !

Buffybee Thu 08-Nov-18 08:40:27

I agree with Anniebach, the dog belongs to you and the family.
Stand up to him, tell him the dog is yours and he will be taking it nowhere. Arsehole!!!

jenpax Thu 08-Nov-18 08:41:25

Sorry to say this but the dog is essentially property as far as the law is concerned so that ownership will depend on who purchased the dog. However this will not give the ex the right to enter your home to take the dog. One this is likely to be a breach of the injunction if that hasn’t expired and two entering another’s property without permission is trespass.
If the ex wishes to gain the animal legally he would need then to go to court,but obviously this would cost money! I presume he is not working and this type of issue would not attract legal aid for him.
I would suggest you approach a solicitor,maybe to obtain a further injunction if the other has run out.
As others have said I would also speak to the RSPCA for their potential support, as if he gained the dog he would be unable to look after it due to his housing situation!

Buffybee Thu 08-Nov-18 08:46:05

Does he still have the receipt to prove that the dog is his?
Which it isn't!!!!!
If not tell him where to go!
Tell the Police that he is threatening to break the restraining order to take your pet away, which he thinks is his but is a family pet.
How can he prove the dog is his??
God I'm so angry! Stupid bastard!
I wish I was near to you, I would help you.

EllanVannin Thu 08-Nov-18 09:08:18

I would go for some free advice from a solicitor.
Make sure you don't inadvertently leave the dog in the garden.

Iam64 Thu 08-Nov-18 09:12:21

Come on folks, if it was as simple as Felicity telling him to get lost, she'd never have obtained a restraining order in the first place. this man is obviously a violent, controlling idiot and her telling him to go away isn't going to cut it.
Police/Lawyer -clarify your rights. Take legal action.

Is the dog chipped to him as the owner>

Lynne59 Thu 08-Nov-18 09:15:23

The law
The law in England & Wales is clear. A pet will be treated as an item of personal property such as a piece of furniture, artwork or jewellery. Where disputes arise as to who gets to keep the pet, it can simply come down to whose money was used to purchase the pet and who has financially maintained the pet. This will always seem unfair if the other party has spent more time looking after the pet or is better placed to care for the pet going forward. But there is very little, if any, room for manoeuvre in unless the pet was subsequently given as a gift.

....taken from a legal website. If your ex was in rehab, he wasn't then able to look after the dog. He had a 12-month restraining order, so again, wasn't able to look after the dog. He has shown himself to be incapable of looking after his own welfare - drinking again, straight from rehab (what a waste of time trying to help someone like him) so would not be classed as fit to look after a dog.

Ignore him. I shouldn't think he'll be able to do anything. Would he be able to afford to pay for a solicitor? Or would he be spending his money on alcohol?

Ensure that he stays away from you and your home. Don't leave the dog unattended in the garden.

What a waster he sounds.

Buffybee Thu 08-Nov-18 09:20:26

And of course, he would have to prove that the dog was his.
He is fighting dirty!
I would too.
I would not admit to anyone that he bought the dog, in fact I would say that as far as I remember, it was me.
If he wants to fight it, tell him, you'll see him in court.
He won't do it though!

seacliff Thu 08-Nov-18 09:36:50

Is it worth ringing the Dogs Trust, to see if there is anything they can suggest ? I know they are a very helpful organisation. There might be a specialist solicitor they could recommend.

merlotgran Thu 08-Nov-18 09:40:24

Iam makes a good point about the chip. What an awful bully to use a dog as a threat.

The RSPCA might be able to advise about proving he is unfit to keep a dog and I doubt any vet would agree to put down a healthy dog which is loved and has a good home.

Very tricky.

jenpax Thu 08-Nov-18 09:51:57

Lynne59 I already said that

quizqueen Thu 08-Nov-18 09:56:01

If you feel you cannot protect this dog adequately ( i.e. your ex may get into the garden and steal it) then, sadly, I suggest you rehome it to a safe house of your choosing, at least temporary.

Deni1963 Thu 08-Nov-18 09:56:41

Who is the dog chipped too and address? And who pays the vet bills?

CarlyD7 Thu 08-Nov-18 10:10:46

You can always say that he bought the dog as a present for you (or for the family). Does he take it to the vet, etc (i.e. has he always been the primary carer or is that you)? If he lives somewhere that doesn't allow dogs that's barrier No 1. As others have said - you need Advice and Information. If you're scared about the dog's future (that he will have it put down) you might have to take the very hard decision to have the dog rehomed yourself - to make sure it survives plus that it's in a safe and caring home. As others have said - don't leave it on its own (in case he's around). Good luck x

Sparklefizz Thu 08-Nov-18 10:12:32

You have my sympathy Felicity53 as my ex was the same. I can't add to the good advice you've been given on here but just wanted to send support and understanding and flowers, and suggest you take every precaution for the time being (ie. not let your dog out in the garden unaccompanied). x

Willow10 Thu 08-Nov-18 10:15:52

Felicity53 - are you still letting this man into your home - i.e. to see the children? Maybe I'm misunderstanding this but it seems you are still having contact with him? How can he take the dog away if he's not there? Sorry, but unless he tackles you in the street I don't understand how he could even carry out his threats. If he turns up at your house (uninvited) I would call the police.

Jo1960 Thu 08-Nov-18 10:20:00

A solicitor I worked with during my 18 years as a domestic abuse worker always said possession is 9/10s of the law. He can’t get legal aid to take you to court over the dog and is using it as a further excuse to abuse you. If he is still subject to a restraining order he should not be contacting you. You could tell the police if this is the case. The dog ownership issue is a civil law matter so he can’t get the police to help him. As others have said ensure that the dog is safe and not left unattended at any point. He obviously doesn’t give a monkeys about the dog - he’s using this as a further threat. Don’t give in! You could also talk to a domestic abuse service in your area for some support. The national domestic abuse hotline can put you in touch with services in your area. Their number is 080820200020247

VRH1 Thu 08-Nov-18 10:52:29

Sorry to read this Felicity. He obviously doesn’t care about the dog. No Vet would euthanise a healthy pet, and animal shelters are full at the moment. I would seek the help of a domestic abuse organisation. And suggest he gets the mental health care he needs. You have my genuine sympathy when it comes to dealing with an abusive alcoholic partner.

sarahellenwhitney Thu 08-Nov-18 10:55:06

With his track record I am sure he would have no legal rights to the dog. To be sure get legal advice, free half hour or CA and the RSPCA as a large resort although unless the animal is being ill treated sadly would not interfere on a what might ? happen situation.

mabon1 Thu 08-Nov-18 11:00:43

Probably most of us on Gransnet are not lawyers and therefore unable to give advice. Get half hour free legal advice you are entitled to before making any decisions.

Rosina Thu 08-Nov-18 11:02:57

What a nasty piece of work - this is spite and mental cruelty . I wouldn't give an inch. Please take legal advice and if necessary speak to the RSPCA . A local rescue centre may be willing to look after the dog for a few months if you fear he might snatch it. Good luck. I don't often say spiteful things but I hope he accidentally slams a sensitive part of his anatomy in a drawer.