Who gets custody of Mambo? Dog dispute between exes decided by B.C. tribunal

An Australian shepherd is seen in a photo from Shutterstock.com

When a couple with a dog decides to split up, who gets custody of their beloved pet?

Break ups can sometimes lead to complicated animal custody disputes – as B.C.’s small claims tribunal heard in a recent case regarding the ownership of a miniature Australian shepherd puppy named Mambo.

While Pamela Zwicker took Mambo with her when she moved out of her ex-boyfriend Daniel MacIntosh’s home back in March, the Civil Resolution Tribunal ultimately ruled that MacIntosh is the rightful owner.

Pets are considered personal property under B.C. law, which CRT vice-chair Andrea Ritchie acknowledged can make ownership difficult to determine when personal relationships break down.

“People do not want their pets treated like other personal property that can be divided or sold to share the proceeds,” Ritchie wrote in an Oct. 27 decision.

She referenced MacDonald v. Pearl, a 2017 Nova Scotia case that approached dog ownership through questions like, “Who bore the burden of the care and comfort of the animal? Who paid for the animal’s upkeep? Who cared for it?”

Zwicker did not dispute that MacIntosh purchased Mambo and paid for the dog’s veterinary bills, but in a written submission to the tribunal, she rejected the merit of her ex-partner’s money, labelling it “family funds.”

In a letter she left MacIntosh after moving out, Zwicker said she took Mambo because of the puppy’s attachment to her own dog, Harley. She also claimed MacIntosh “relinquished ownership” two days after the then-couple picked Mambo up from the breeder when he left for an 18-day trip.

Ritchie rejected the notion that MacIntosh’s pre-planned trip, or the travel he is sometimes required to do for work, was evidence that he should give up Mambo.

“I find both parties love and can adequately support the dog,” Richie said in her decision, while concluding MacIntosh has a “stronger ownership claim” over Mambo because of his financial contributions.

Zwicker has been ordered to return Mambo and the dog’s supplies to MacIntosh, as well as reimburse him for $125 in tribunal fees. CTV News was unable to reach Zwicker about the decision.

One Fraser Valley family law practice recommends couples outline pet custody agreements to avoid future disputes of this nature.

“As with other agreements pertaining to the division of property in a relationship…the issue of ‘pet custody’ and how it is approached during or after the breakdown of a relationship, can be outlined in such agreements,” Dreyer Davison said.