In an unusual legal battle over pet custody, the Haifa District Court recently overturned a lower court ruling and awarded custody of a dog to a woman following her separation from her partner.
The court’s decision rejected the assumption that the person listed on the dog’s license or the one who takes it to the vet is automatically the primary caregiver.
The couple had adopted the dog from the Society for the Prevention of Cruelty to Animals before their breakup. After the separation, the man initially allowed the woman to visit the dog two to three times a week. However, a dispute later arose over visitation, prompting the woman to file a petition in family court seeking either full custody of the dog or shared custody.
In her claim, the woman argued she had covered many of the dog's expenses and had cared for it extensively, especially since her job allows her to work from home. She said this gave her the time and flexibility to provide the dog with consistent attention and care, unlike her ex-partner, who works irregular hours and long shifts. She also claimed the dog became depressed and neglected while staying with the man and was exposed to cigarette smoke in his home.
Get the Ynetnews app on your smartphone: Google Play: https://bit.ly/4eJ37pE | Apple App Store: https://bit.ly/3ZL7iNv
The man, on the other hand, cited veterinary testimony that he brought the dog to medical checkups and that the dog’s microchip was registered under his name. He argued that these facts proved he was the dog’s primary caregiver and that the dog's well-being required staying with him full-time.
The family court initially sided with the man, ruling that constant transfers between homes were not in the dog’s best interest and awarding him sole custody. The woman appealed.
In a majority decision, two of three Haifa District Court judges sided with the woman. Judge Ofra Attias wrote that true caregiving should be assessed by the overall circumstances and relationship with the pet, not just by legal ownership or vet visits. She emphasized the woman’s ability to care for the dog due to her home-based work as a key factor and said shared custody could still be an option if the man agrees.
Legal experts noted that pet custody cases are becoming increasingly common in family courts and should be treated with the same seriousness as child custody, always keeping the best interests of the animal in mind.