The Companion Animal Replevin Lawsuit, Part 1: Custody Disputes Between Unwed Partners.
A few days ago I got to meet my client Delilah, whose tail almost wiggled off when a state marshal and I were able to finally reunite Delilah with her devoted protector, who began a legal battle after this beloved dog was taken from her last summer.
While I don’t believe animals are property (or that sentient beings can be “owned” by anyone), the law still treats them as such. Therefore, the solutions we craft in cases like this must be supported by a combination of property, custody, ownership, contract and other legal principles and rights the courts clearly recognize and uphold.
However, judges are often not accustomed to applying these bedrock legal principles to animals. That’s where being creative and persuasive with the law comes into play, and where we most often find the solutions our animal and human clients are seeking.
We’ll share a lot more on the laws affecting companion animal replevins in a series on this age-old legal proceeding, but I wanted to first share one of the joys of doing what we do.
