QLD Can I get my dog back?

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lauraw90

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31 March 2017
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I left my partner due to violence and took out a DVO on him. We split our property, and he wanted to keep the dog and I let him. I was paying all of the bills, and when I left, he was too lazy to go get a job and was evicted for not paying rent.

He left the dog with a friend of his "until he found a house to live in" and never went back for him. I received a message from this woman on Facebook, but because we aren't friends, it was hidden in my message requests and I didn't see it until a week later. She was telling me she had my dog and asking if I wanted him. I said yes, but she said she'd already re-homed him. She won't give me the details of where she's re-homed him to.

Is what she's done legal? Is there anything I can do to get my dog back? I'm absolutely heart broken over this.

Thanks for your help.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
lawtap.com
It's doubtful. While I'm no expert on family law, when you say you 'split your property' and let him keep the dog it sounds like you gave up your property rights. The message from the friend getting lost in cyberspace is unfortunate, but it's not like they had any onus to get in contact with you. And I'm assuming the new owner had no knowledge of any of this when they obtained the dog.

You can try to approach it this way:

- If the dog is still registered in your name, especially if it's microchipped, you might have better success.
- See if you can find out who has the dog, and approach them nicely. They're unlikely to know anything about the situation.
- Do it in person so the dog can see you and the person can see that the dog knows you.
- Explain the situation truthfully, and tell them you've been trying to get your dog back. If they can see that you care for the dog, and the dog has a connection with you, you might be lucky.
 
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