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Divorce : la garde d'un animal domestique, le casse-tête des couples qui se séparent

Divorce: pet custody, the headache for separating couples

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Who gets custody of a couple's pet when they divorce or separate? This is by no means a trivial question, and it sometimes leads to tug-of-wars, or even legal disputes. So, what does the law say?

But who will keep Jack? When a couple separates, sometimes neither party wants to let go. The "dog war" is increasingly being declared. And even when divorce isn't on the agenda, some worry about the issue. "The dog always stays with me. He's my child, he's my baby," declares an owner in a dog park. "I have three children and a dog. I would leave the dog with my wife if we divorce," another admits. "We also have financial commitments, just like with a child," a third insists.

Plum's joint custody

In Toulouse (Haute-Garonne), it's reunion day. After a three-year relationship, Camille and Anissa broke up, but neither wanted to give up Plum, their three-year-old corgi. So, the ex-lovers set up joint custody. "We pack bags, a bag with common things, including medication, identity documents, medical records, etc., if necessary. And we do the handover," explains Anissa Guiget, co-owner of Plum. One last look, one last goodbye...

Specifically, Plum is with her mistress for one month, then with her master the following month. They also share all the dog's expenses, a well-oiled custody arrangement. "We try to balance it so that it's not always Christmas on one side, always the same holidays in the same place, and that we don't feel short-changed in the relationship. I think it's the same for all joint custody arrangements, even with children," says Camille Proust, co-owner of Plum.

Legal battles

Cat or dog, it's a real issue, with 425,000 couples separating each year. Joint custody is touted as the best solution on social media. But owners sometimes find themselves in the midst of a legal battle. "We had a co-ownership dispute over a dog. And it was a contentious issue that took us a few years," says Maître Xavier Bacquet, a lawyer specializing in animal law.

During a contentious separation, the animal's ownership certificate is not enough to obtain custody. More evidence must be provided. "To present evidence, what does that mean? It means showing that since its acquisition, I have taken care of the animal and that I have paid all the bills for food, veterinary care, grooming, boarding...," lists Maître Xavier Bacquet. As some European neighbors do, associations are asking France to enshrine shared custody in the Civil Code so that in the event of divorce, neither cat nor dog is left in the lurch.

 

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