Man denied custody of dog after ruff break- up

A B. C. judge has declined a Kamloops man’s request for partial custody of a border collie after his relationship with the dog’s owner broke down. Provincial Court Judge Stella Frame also dismissed the man’s claim to part ownership of the dog in a verdict announced last Friday.

In the ruling, Frame cited a previous Ontario case, saying that despite the emotional attachment some people develop for pets, the court does not have the jurisdiction to make a custody or access order.

The court could, however, attempt to determine ownership of the dog, and if it was found to be jointly owned, could order the party who keeps the dog to pay the other party half the value of the dog, Frame added.

In his notice of claim, Richard Cole Kitchen claimed a border collie named Laddie was given to him and then- partner Deanna Macdonald by her father in December 2011. However, Macdonald testified the dog was a present given to her only by her father in December 2002.

The court found photos in December 2002 and veterinary records identifying the age of the dog at various times since, supported Macdonald’s claim.

Kitchen also presented evidence to show he often took care of the dog and that Macdonald referred to him as the dog’s “daddy” in a letter to Kitchen, apparently written after a breakup, Macdonald wrote on behalf of the dog saying she was sorry she couldn’t make them a family and suggesting ways he could visit the dog while she was at work, ending with “I know there is no way mommy would ever keep you from seeing me — that’s just not the kind of mommy she is.”

By anthropomorphizing the dog, the judge said, Macdonald led Kitchen to believe that the dog was their “child.” This, however, did not “create a beneficial or legal interest in a dog.”