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Need some legal advice - dog custody

Discussion in 'The Pub' at netrider.net.au started by bambam_101, Nov 12, 2008.

  1. Hey all.

    Need a bit of moral and legal help here.

    A chick moved in to my place in feb 2008. We promptly started dating. All was going well until I got a text message one day saying that she needed to be single cos she could handle being in a relationship. Ok, cool. Can deal with that.

    Next day i see on facebook that the skank is dating some other guy, so i promptly booted her out.

    Tricky part is this. She had a dog when she moved in from her previous relationship. Now....

    Since she moved in, she did not care for the dog. Fed him on occasion, I did it every other time. I paid most of his vet bills and food etc cos she is in huge debt and mixed up with drugs, she never walked him and never cared for him except for the occasional treats.

    He escaped one day and the pound got him. She had no money to get him back and no time to go get him. He wasnt registered.

    I went to the pound and got him and registered him in to my name. Paid all the fees and then copped $400 in fines. She has moved to a tiny apartment with some junky mates and has said to me that she will be taking him back now. I have it in email that she intends to lock him in her bedroom all day whilst she is at work.

    Next drama, her 2 best friends came to me and explained what a fcukwit she is and that they dont want her to have the dog back. They know the conditions he used to live in at her old apartment which was him being locked in a 2mx2m courtyard walking around in his own shit for days on end whilst her and her bf were off their eyeballs for nearly 2 years on ice. They also informed me that her previous dog was taken from her by another ex because of her inability to care for him.

    So now i face a decision, do I get a lawyer involved and try and get custody of the dog? I know its a low thing to do in taking someones pet (which she does love, but her lifestyle comes first) but this dog absolutely loves me. He has a huge backyard, gets excersied all the time, is loyal and obedient to me and me only, not her. In fact, she came over the other day to take him for the afternoon and when she called him, he ran to me and sat between my legs.

    I spoke to the RSPCA and told them the whole story and they said it was my tough luck. She bought him and even tho he is registered in my name, apparently that isnt enough.

    What should I do? Would I have grounds to take the dog if it went to court? Should I be paranoid of her and her junkie mates doing shit to my house/car/bike should i take him?

    What to do?!?!?!?!??! Need advice!!!!! Preferably from a lawyer or someone who has been through pet custody before!! Would it be expensive to talk to a lawyer and get some advice??

    Need help urgently!! She wants to take him on friday and put him in to her tiny apartment. He is a little male staffy. He needs more space than a friggin bedroom!!
  2. From what I gather a put (Unlike a child) is considered property by the law.
    As such emotional attachment, quality of care all of those sort of things are simply not seen by the courts.
    My advice.
    Give her the dog.
    Try to maintain a “working relationship†with her.
    Go over to her place at intervals, and call the RSPCA when things are at there worst.
  3. @&^#(#@!#^(!@#&( why do people see dog's as accessories... fark it shits me... :evil: :evil: love my puppy (9 year old puppy :grin: )

    have you tried wandering down to the local police station? they maybe able to do something...

    if the dog is going to be left in shit conditions and there's nothing legally you can do to stop it, let it loose, let the pound grab it, and chances are she won't pick it up? get a mate to collect it or something?

    might even have to put it down, sounds harsh but if it's going to live a shit life surely the RSPCA can doing something? i have no experience in this area so the above ideas might be completely useless.

    good luck with it all.
  4. I wish the RSPCA could be able to do more based on your information. That is disappointing.

    Have you offered to buy the dog off her. Could you encourage her friends to suggest to her that she don't take it back? If not then Falcon-Lord's advice may be the only other way to go?

    Good luck.
  5. I offered the slag $3000 to leave him with me and fcuk off. Nup. Its a pride thing for her. He is her possession.

    The RSPCA are completely friggin useless. They actually said to me that she could lock him in a cupboard all day and she isnt breaking the law. There is nothing they can or will do. Her only two friends have abandoned her. They want nothing to do with her anymore but they have told me that they will do what they have to to stop her taking him back.

    I thoght about telling her he ran away and take him to a mates house for a few months, but she knows that i dont want her to have him so it would be way too obvious.
  6. Although pets should not be seen as a posession in your case I'd say posession is 9/10's the law.
    If she cant prove she owns the dog she cant take it from you or it would be theft. Does she still have access to your property? Change the locks if you have to.

    Good luck mate. It sounds like is a fcuked up person and you are now better off.
  7. if the dog did "legit" run away (to a well chosen mates house) and would they prove you wrong? seriously, would the cops come looking that much if they have better things to do?
  8. I'm quite surprised to hear that the RSPCA won't do anything, and also that you own the dog through registration and equity (you've paid for everything.) and that they claim that she can still take the dog. You could try small claims court to recover any costs you have incurred, and also contact your local council to see what they can do for you.

    as has already been mentioned, it might be worth putting the dog in a "safe location" until it gets sorted out.
  9. Nah they wouldnt do shit. Not for a dog. I can do that and I have a place for him to go that he loves. But it would be too obvious. Im worried about the repercussions of doing something like that. She is SERIOUSLY not all there. I dont know what her and her junkie friends are capable of.
  10. lol. more like incase i go missing
  11. Tell her the dog ran away, and that you figured that you were better off not looking for him if you were going to have to give it to someone who wasn't going to care for him. Then shrug your shoulders and say sorry, not going to help you look for him. Then a few months later (when she has given up looking) take him back off your mate. If she is the type of person who will still be snooping around your house months after you have broken up, get an AVO. Or just move.
  12. send me a picture of your dog...ill make a facebook for him and send her a message from your dog saying 'your dumped! im staying with (insert your name)...p.s you taste like the vets floor" :LOL:
  13. WIN. :LOL:
  14. Post nudie pics of her online.

    (PS: Goodluck with the dog... I hate people that abuse other living creatures :evil: )
  15. Already threatened that. Not online though. To all of her new workmates.

    Thing that shits me is that even after all the shitty things she did to me, I still did her a favour and let her keep some of her stuff in my garage and told her i would look after the dog until she found a suitable place. She still slags me off to all of her new friends about what a prick i am for kicking her out. She has admitted to doing it. Thats why i threatened her with the nudie pics. I dont care what her friends think of me, she knows how good i was to her. It shits me that someone would willingly do that to someone who always did right by them.
  16. Ok, step back and think for a minute ..... if she is going to be keeping the dog in a room in her flat all day, what do you reckon is going to happen? He is going to want to answer the call of nature at some point and where will that end up being but somewhere on the floor? How long do you reckon she's going to want to keep him if he does that? Although it may take her a while to notice if she's off her brains on drugs all the time.

    I suggest keeping the lines of communication open and when it all turns to custard, offer to take the dog off her hands.

    Although I must say I'm a bit flabbergasted by the fact the RSPCA can do nothing.

    Alternatively, if the dog obeys you and not her, just teach him to bite her so when she turns up to take him, he rips her leg off.

    And a little off topic, but how in heaven's name did you not notice there was something "off" about her when you first met her?
  17. When i first met her, she was in a bit of trouble looking for a place for her and the dog. Just out of a relationship etc etc.

    She was very mixed up and bit lost. She seemed very remorseful and wanted a chance to turn her life around. She had just gotten a new job and seemed to be making a big effort. I thought fcuk it, ill give her a hand. If i were in her position, i would love a bit of help.

    I paid a portion of her rent, paid for her bills, food, anything to do with the dog, even put petrol in her car for her on numerous occasions. I just wanted her to get on top of her debts and I could afford to do it so I helped. She started refusing money, even tho she literally had no petrol in her car to get to work so i ended up slipping $50 here and there in to her clothes so as she would find it later on and not realise it was from me. Thats just the financial help. I got her off drugs for a while. That meant that i had to do them with her on occasion. I know its hard to go cold turkey so instead of her trying that, her and I would do it once in a while. Kinda so as she wouldnt go out on benders with her junkie mates and end up in a gutter somewhere. I dont regret doing that with her. Was an experience. not my thing tho.

    But yeah, the night before we broke up, we were planning a holiday to hungary so as she could see her grandmother before she passed. I was paying of course, and she was talking to me about getting married, having kids and buying a house etc. She was very full on with me and seemed 100% committed. Literally 8 hours later i got a text message saying that she needed to be single. Within a day or so, she was back to her old self.

    She keeps telling me that im just cut cos she broke up with me and is dating someone else. So very very far from the truth. Im pissed at her lack of respect for me and for her dog. If she had of been honest with me from the start, we could have stayed friends, i wouldnt have had to kick her out and the dog would be fine. Apparently her reason for constantly lying to me was that I was always too good to her and she couldnt bare to tell me the truth. blah blah blah.

    Her best friend told me that she has done this exact thing since she wsa 14. They warned her not to do it to me, basically because she was sitting on a good wicket with me. When she did it, they abandoned her. I want her out of my life for good but its kinda hard knowing that the dog is gonna be the one to suffer.

    Dont get me wrong, she isnt cruel to him. She does love him. He doesnt starve and when she is around, she pays him some attention. But, her personal life and drinking, drugs, clubs, friends will ALWAYS come before him. He has had to go days with out food cos she has been off her eye balls on drug benders. Luckily, her friends, and me, have been around to keep an eye on him and look after him. she has nobody now. Her new boyfriend is just a big a junkie as her so yeah, im pretty concerned for the little guy.
  18. Ok, I was totally joking! Do NOT threaten her with nudie pics - two problems can result from it, firstly it will be considered blackmail which is illegal and she can have you in some major strife for it. Secondly, since as you say the lady is a little out of it, we dont know what she and her mates are capable of - especially the 'new boyfriend' who would be in the 'proving himself' stage of the relationship.

    Your first priority should be your own safety - trust me junkies are very unpredictable.

    Since you *have* gone out with her and had an intimate relationship in the past, try to appeal to what ever is left of her rational side - let her know that relationships come and go, but there is no reason you two cannot have a civil breakup. Explain to her that it would have been impossible for you two to live together after the nature of your breakup and that she should take into account everyone's feelings. Most importantly explain that there is no reason to harm an innocent animal in the process.

    Worst case scenario, get a bunch of us to give her and her boyfriend a visit, so they know their place in society's hierarchy. Bikers > Normal people > Junkies. (This is a joke too)

    Lastly, if she knows of Netrider, I suggest editing your posts.
  19. I'm suprised that registration title doesn't mean you have right over him :?

    Does she have proof of purchase of him? No PoP, no way to prove who bought him.

    I'd be worried about her and her druggo friends... i'd have a neigbour look out for your place for a while, and also take him to work with you if possible...