QLD Family Law - Ex Refusing to Give Dog Back?

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graybird

Member
2 March 2018
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My ex and I separated and my dog (who is microchipped to me) is in my ex's possession. He has refused to give her to me.

We kept our assets separate during our relationship and when we separated. I had more assets than him. The dog is considered property and is only valued at minimal cost and the judge will not rule on an adjustment of property of under $1000 even though the dog belongs to me.

I had some other possessions that I left at my ex's when I had to move but I don't care about those things, but my ex has put in a clause for his orders that anything in a parties' possession at the time of orders is to be retained by that party. Is there anything that I can do?

Can I go through a separate court proceeding, (not family law) to get my dog back?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
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Oh, that sucks. Have you sought legal advice about this, by chance?

Has the property settlement been finalised?

Further, has the dog been registered under your name in your local council shire?

As a matter of interest, here's a case about a dog in a property settlement: Downey & Beale [2017] FCCA 316 (2 February 2017)
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
this happened with my current partner. He called the police and they called his ex and told her to return the dog and she couldn't do it quick enough!
 

AllForHer

Well-Known Member
23 July 2014
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Also a potentially viable option.
 

LisaK

Member
13 April 2018
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Calling the police doesn’t always work. My sister and her ex had two dogs. Both under her name (papers including). He was an abusive drug addict and had to call cops on him several times. But the cops never reported the incidents as domestic violence, only as domestic disturbance. Last year the ex tried to kidnap both dogs but only managed one as my sister woke up. She tried to run after him as he drove away but he sped up and tried to run her over. She got hit and tumbled on his bonnet and fell on the road as he sped away with the dog. She tried calling rspca saying the dog has been kidnapped but the ex’s mother called rspca saying to take the notice down as it’s now a court proceeding (even though it isn’t). My sister had to pay rspca for those notices so that’s another loss. She’s so afraid of him trying to kidnap the other dog she’s had to take anxiety meds and move to a unit with security. She tried the cops, begged them to help. Got nowhere. This is in QLD.
 

AllForHer

Well-Known Member
23 July 2014
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@LisaK, why doesn’t your sister file for a DVO herself? She doesn’t need the police to do it for her.
 

LisaK

Member
13 April 2018
2
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@LisaK, why doesn’t your sister file for a DVO herself? She doesn’t need the police to do it for her.
Hi, So sorry I forgot to mention that. She filed a DVO when she was in the police station. Still wasn’t able to get her dog back unfortunately.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Unfortunate, absolutely, but at least she has some protection for herself.