Procedure

PROCEDURE

1st Contact/Intake
Fee/Contract
Investigation
Prehearing Conference
Hearing
Decision Factors
Decision
Finality
1st Contact/Intake

Pet Court’s involvement in resolving pet custody disputes usually begins with one or both pet parents contacting us through our Contact Us form. Contact can also be initiated by email or phone. We will be happy to answer any questions you may have regarding our services.

After both parents have agreed with each other to use Pet Court’s services, each parent must complete and submit a Parent/Pet Intake form. The Intake will provide information about parents and pets needed for the preparation of the Contract between pet parents and Pet Court. In particular, the Intake will provide Pet Court with residences where Pet Court’s investigation will be conducted and email addresses for receiving notices from Pet Court regarding the proceedings.

After receiving an Intake from both parents, we will prepare a Contract and submit it to each parent for signature and payment of our fee.

Look at the chart below to get an idea about Pet Court proceedings, then click on the tabs above for more information about specifics.

Fee/Contract

The fee for our services is $300. One hundred fifty dollars ($150) must be paid by each parent, separately. Pet Court requests separate payment so that each parent can feel certain that Pet Court does not favor a single parent who has paid the entire fee. This fee is non-refundable, with one exception. If a pet is so aggressive that the Pet Court Investigator cannot evaluate the interaction of the pet with either parent, each parent will be given a refund of $150. Contract signing and payment will be done through DocuSign. DocuSign will send each parent the Contract and provide instructions for signing and methods of payment. Please note that if one parent signs the Contract and submits payment, the other parent has 7 days to sign and submit payment. If this is not done, there is no Contract and the payment submitted by the other parent will not be processed. Once the Contract is signed and the fee paid, Pet Court will begin the investigation process.

Communications initiated by only one parent with Pet Court should be kept at a minimum after the parents have signed the Contract and submitted payment, and those communications should involve only concerns about joining video conferences or the scheduling of the investigation, prehearing conference, or hearing.

This explanation is for the convenience of parents. The actual Contract governs the terms of the agreement between the parties.

Investigation

Each parent will provide Pet Court with the physical location where that parent currently lives and where the investigation will be conducted. A Pet Court investigator will go to the residence and record (video and audio) the entire visit, beginning with the greeting provided at the front door. The investigator will record the following, when appropriate (for example, some things don’t apply to an iguana): investigator’s approach to the residence, including the exterior of the residence; the greeting given to  the investigator on his approach; a pet’s sleeping arrangements; feeding and watering environment; play toys; the area where a pet relieves itself; and exercise area. A parent will also be videoed while interacting with a pet, including the parent giving a pet basic commands, inside and outside the residence; walking a pet; and playing with a pet. Do not be surprised when an investigator arrives at your doorstep wearing a camera on his head!

Pet Court will arrange a time with each parent for the investigator’s visit and both visits are to be concluded within three weeks of the date of the Contract. If parents reside in the same household, the investigation of each parent will be conducted on separate days, and the parent not being investigated on that day must be away from the premises during the investigation. Each parent agrees not to interfere in any way with the investigation of the other parent.

If parents reside in separate households, parents agree that the parent being investigated will have physical custody of the pet for the investigation. Parents also agree that the pet will be returned to the parent who had physical custody of the pet prior to the investigation by Pet Court.

If a parent does not permit a full investigation or cancels a scheduled visit, without reasonable cause as determined by the Pet Court Arbiter, the parent who complies with the investigator will almost certainly be awarded custody following the prehearing conferences and hearing.

For information regarding recorded videos and how to obtain them, click here.

This explanation is for the convenience of parents. The actual Contract governs the terms of the agreement between the parties.

Prehearing Conference

Within two weeks after the investigation of both parents has been completed, Pet Court will conduct a 30-minute video conference with each parent, separately. Pet Court will make all arrangements for the prehearing conferences, which will be presided over by the Pet Court Arbiter.  During a conference, the Arbiter will ask the parent questions regarding matters not covered during the investigation. The questions are aimed at determining the best interests of the pet and whether the parent meets those obligations. Topics to be addressed include a parent’s health and ability to provide for a pet; when and how the pet was acquired; length of time a pet has been living with just one parent; financial ability, generally, of a parent to provide for a pet; who has custody of the parents’ human children; and a parent’s knowledge of a pet’s basic needs and veterinary history. Other topics may be addressed.

THIS IS IMPORTANT: A parent must have access to one of the following:

    • A computer with a camera, microphone, and Internet access; or 
    • A tablet with a camera, microphone and Internet access; or
    • A phone with a camera, microphone, and Internet access.

For directions on how to join a conference, click here. For information regarding recorded videos and how to obtain them, click here.

This explanation is for the convenience of parents. The actual Contract governs the terms of the agreement between the parties.

Hearing

Pet Court will conduct and record a video conference involving all parties within three weeks of the conclusion of the prehearing conferences. Pet Court will make all arrangements for this hearing, which will be presided over by the Pet Court Arbiter. Each attendee will be visible to and heard by all other parties during the hearing.

Each parent will have 15 minutes for a presentation at the hearing. The presentation may include: questions by one parent addressed to the other parent; points in support of why the presenting parent should receive custody of a Pet; or points as to why the other parent should not receive custody. Any questions to the other parent must be asked politely and the answering parent must likewise be well mannered. To achieve this goal, it is suggested that questions and points of interest be written down in advance. A parent may have an attorney conduct the presentation on his or her behalf. However, the same rules regarding the presentation apply.

After both parents have concluded their presentations, the Arbiter may ask follow-up questions of one or both parents. There will be no further questioning by parents.

THIS IS IMPORTANT: A parent must have access to one of the following:

    • A computer with a camera, microphone, and Internet access; or 
    • A tablet with a camera, microphone and Internet access; or
    • A phone with camera, microphone, and Internet access.

For directions on how to join a conference, click here. For information regarding recorded videos and how to obtain them, click here.

This explanation is for the convenience of parents. The actual Contract governs the terms of the agreement between the parties.

Decision Factors

The Pet Court Arbiter will decide who gets custody of a pet, and that decision is based solely on what is in the pet’s best interests. Best interests of a pet are based on many factors, including:

  • The date a pet was obtained; was a pet obtained while the parents were together or before they entered into a relationship and were living together.
  • The length of time a pet has been living with one parent.
  • Whether a parent’s health prevents or inhibits care for a pet.
  • Financial ability to provide for a pet. (Pet Court will not ask about specifics of a parent’s finances, but a parent must demonstrate some income source for guaranteeing a pet’s basic needs.)
  • The health of a pet and each parent’s knowledge of a pet’s veterinary history.
  • Who trained a pet and methods used.
  • The living environment provided for a pet, including sleeping arrangements (Note: This may necessitate providing the Pet Court investigator access to a parent’s bedroom).
  • Provisions for allowing a pet to relieve itself.
  • The ability of each parent to control the behavior of a pet in the home, on walks, or in the car.
  • Interaction of each parent with a pet, including playtime and ability of a pet to follow basic commands.
  • Quality time each parent can spend with a pet and amount of time each parent spends at work.
  • A pet’s social skills.
  • Who grooms a pet.
  • If applicable, which parent has custody of children and children’s interaction with a pet, including children’s responsibility for pet care.
  • Knowledge of a pet’s basic needs, such as food requirements.
  • The ability of each parent to walk and exercise a pet.
  • Care for a pet when the parent is not home.
  • Any evidence of abuse of a pet.
  • Any other relevant factors in determining the best interests of a pet.

This explanation is for the convenience of Parents. The actual Contract governs the terms of the agreement between the parties.

Decision

Within 7 days of the hearing, Pet Court Arbiter will email his decision to the parents and will include a brief discussion of Pet Court’s reasoning. If custody is awarded to the parent who currently does not have custody of the pet at the time of the decision, the parent who has custody will turn over the pet to the other parent within 7 days of the date the decision was emailed. Failure of a parent to turn over a pet shall constitute a material breach of this Contract, and the breaching parent will be responsible to the parent awarded custody for all costs and attorney’s fees incurred by the parent awarded custody in enforcing the decision of Pet Court.

Pet Court will not award visitation rights. Pet Court believes a pet that is shuttled from one home to another is confusing to the pet and causes ongoing separation anxiety (the pet misses the custodial parent and the pet’s home).  Unlike many children who either grow out of the anxiety associated with parents being separated or acquire coping mechanisms for the separation as they mature, pets experience the same anxiety of separation year after year. A two-year-old pet that is separated from a parent will have no better understanding of the separation when it is five years or 15 years old. Pet Court does not believe that it is in the best interests of a pet to subject it to ongoing anxiety separation resulting from visitation with a non-custodial parent. A pet will eventually get over the hurt of not seeing the parent who is not awarded custody.

From a more practical standpoint, there are no readily available means for enforcing violations of visitation rights. The Courts, even when a Pet Custody Award is included in a divorce decree, are likely to loathe having to enforce visitation rights involving pets.

Point to Ponder regarding visitation: Many couples that separate remain on good terms. If that is the case, frequent visitation between pets and the non-custodial parent may be beneficial to the parents and pets. For example, if the parents work different hours, it may be beneficial for a dog to have the non-custodial parent routinely walk the dog when the custodial parent is working. Although Pet Court will not address visitation, there is nothing which prevents pet parents from agreeing to arrangements for the non-custodial parent to assist in the care of the pet.

This explanation is for the convenience of Parents. The actual Contract governs the terms of the agreement between the parties.

Finality

THE DECISION OF PET COURT IS FINAL AND BINDING. By the terms of the Contract entered into by pet parents and Pet Court, a parent cannot appeal the decision of Pet Court or ask a court to re-determine custody. If parents are going through divorce proceedings or any other proceedings involving the distribution of their property, parents have agreed that the decision of Pet Court will be included in the final order for those proceedings.

Parents have entered into a Contract for Pet Court to determine custody of their pets. Pet Court has no authority to enforce its decision. Pet Court cannot ask a sheriff to force a parent to abide by the terms of the Pet Court decision. However, if a parent fails to comply with the decision, the other parent has legal remedies under the terms of the Contract or pursuant to a court order which incorporated the Pet Court decision against the non-complying parent, and the parent awarded custody is encouraged to contact an attorney for assistance in enforcing the decision of Pet Court. There are circumstances under the terms of the Contract where a non-custodial parent who has failed to turn over custody of a pet may be responsible for attorney’s fees and costs incurred by the custodial parent in enforcing the Pet Court decision.

This explanation is for the convenience of Parents. The actual Contract governs the terms of the agreement between the parties.