Karen Johnson discusses pet custody on BBC Essex

On Tuesday 8 April, Karen Johnson, Senior Associate Solicitor in Birkett Long’s Divorce and Family team, was invited as a guest on Ben Fryer’s radio show on BBC Essex to discuss a topic that many may not have considered: the custody of pets during a relationship breakdown. The conversation centred around an important question: Should the law change to address custody battles for pets in divorce proceedings?

Host Ben Fryer posed the question: What happens to pets when a relationship breaks down? Current laws in the UK fail to provide clear guidance, often leaving pet owners in a legal grey area. Karen explained that the existing legal framework treats pets like personal belongings - no different from a handbag or a car - rather than acknowledging their status as beloved family members.

Legal guidance

Karen shared that the law currently fails to reflect the reality of pet ownership in relationship breakdowns. “I never considered myself a dog person, but around ten years ago, we got a dog as a family, and I was amazed at how quickly he became a part of my family,” Karen explained. “They are amazing, and I would consider him as much a part of my family as my children. The idea that a relationship can break down, and you are left with not knowing where you are with the pet, is so difficult.”

When it comes to a divorce, if a couple is not married, the ownership of a pet is often determined by who can prove who paid for the pet or who has taken on the costs of ownership. Unless there is clear proof that the pet was purchased as a gift, there is no legal protection for the welfare of the pet.

In cases where a couple is married, the ownership of pets is considered part of the financial arrangements during divorce, similar to the division of property like a home or car. However, as Karen pointed out, the law currently does not direct courts to consider the welfare of the pet in these decisions.

The emotional impact of pet custody

The issue of pet custody often comes as a surprise to many, especially since there are no specific provisions in the law to address pets in relationship breakdowns. Karen shared how this situation arises frequently, and the consequences can be emotionally charged. “What I see quite often is that people may turn to drastic actions, such as moving a pet to a safe place,” she said. “Sadly, some people also use pets as a way to hurt their ex-partner, knowing that it will cause upset and distress.”

The emotional turmoil that pets can cause during a breakup is not something easily dismissed. Karen recommended that pet owners facing relationship breakdowns consider addressing the future care of their pets in the discussions about their separation. “Pets should be dealt with as part of the discussion. Ideally, the arrangements for the pets should be agreed upon. The difficulty, of course, is that if things are not agreed, the cost of dealing with disagreements about pets can be significant.”

A call for legal change

Karen’s insight highlighted a broader need for reform in how the law views pets in the context of relationship breakdowns. With pets being considered part of the family for many, it seems only fair that their wellbeing be given more legal consideration. While the law currently treats pets as property, the lived experience of pet owners tells a different story, one that calls for change.

For anyone going through a relationship breakdown with pets involved, Karen’s advice is clear: try to reach an agreement on pet arrangements early in the process to avoid the potential legal and emotional costs of unresolved disputes. Ultimately, the welfare of the pet should be at the heart of any decisions made.