Claire Thomas: Fur is flying over who gets to keep the pets
Where residence of a child of the family is in dispute then, in the absence of parental agreement, a court makes an order on what is considered to be in the best interests of the child. Welfare of the child is paramount. The same consideration does not apply to pets and animals, yet a dog will most likely have attachment to all members of the family. It might also be vital in helping a particular child adjust to changed domestic circumstances.
In Scots law, pets are treated as the personal property of the person who purchased the animal. Courts do not generally make decisions on personal property and tend to urge the parties to agree division. Unlike household goods purchased during a marriage or cohabitation, there is no presumption of an equal share in pets.
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