I want my dog back

Comms69

Aranyani said:

Comms69 said:

Aranyani said:

Comms69 said:

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

So the ex has possession and control, but the OP has proprietary right or interest. 

Do you have any examples of real cases where someone has been convicted of theft for taking possession of their dog from an ex like this? 

I'm not debating this because the law is crystal clear on this. The example i gave is the case which forms precedent. The fact it's a car and not a dog is irrelevant. 

I'm sorry but if its crystal clear and you have examples I don't understand why you won't share them with the OP?

I literally have - the example of the car; here's a link if you don't believe me - https://www.lawteacher.net/cases/r-v-turner-no-2.php

What else would you like?!

Aranyani

Comms69 said:

Aranyani said:

Comms69 said:

Aranyani said:

Comms69 said:

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

So the ex has possession and control, but the OP has proprietary right or interest. 

Do you have any examples of real cases where someone has been convicted of theft for taking possession of their dog from an ex like this? 

I'm not debating this because the law is crystal clear on this. The example i gave is the case which forms precedent. The fact it's a car and not a dog is irrelevant. 

I'm sorry but if its crystal clear and you have examples I don't understand why you won't share them with the OP?

I literally have - the example of the car; here's a link if you don't believe me - https://www.lawteacher.net/cases/r-v-turner-no-2.php

What else would you like?!

You seemed so confident you were right that I thought you knew of actual cases like the OPs.

Nevermind though, maybe she should consult a real solicitor for some advice on what the consequences for taking the dog back would be.  

Good luck OP.

Comms69

Aranyani said:

Comms69 said:

Aranyani said:

Comms69 said:

Aranyani said:

Comms69 said:

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

So the ex has possession and control, but the OP has proprietary right or interest. 

Do you have any examples of real cases where someone has been convicted of theft for taking possession of their dog from an ex like this? 

I'm not debating this because the law is crystal clear on this. The example i gave is the case which forms precedent. The fact it's a car and not a dog is irrelevant. 

I'm sorry but if its crystal clear and you have examples I don't understand why you won't share them with the OP?

I literally have - the example of the car; here's a link if you don't believe me - https://www.lawteacher.net/cases/r-v-turner-no-2.php

What else would you like?!

You seemed so confident you were right that I thought you knew of actual cases like the OPs.

Nevermind though, maybe she should consult a real solicitor for some advice on what the consequences for taking the dog back would be.  

Good luck OP.

What do you believe the difference is between that case and this situation? 

Would you like a case of conviction for stealing a twix, before you think that's illegal? 

The car case is literally fundamentally identical - why dont you READ it. 

MovingForwards

https://www.doglaw.co.uk/ownership-custody-disputes/

It's a possession, same as the sofa, TV and numerous other things.

Undervalued

MovingForwards said:

https://www.doglaw.co.uk/ownership-custody-disputes/

It's a possession, same as the sofa, TV and numerous other things.

Quite!
A lot of pet owners (the clue is in the word "owners") struggle with that concept. Yes there are additional laws about not treating an animal in a cruel manner, which obviously wouldn't apply to the sofa or the TV!  However, otherwise it is a possession - no more and no less.

Hupka1934

Well thank you everyone for your comments.  I now have all the evidence and am going down the Small Claims route in the hope of getting my Roxy back so we both get our happiness back.  It's now been 4 months of not seeing her, still heartbreaking.  My 6 year old grandson has seen him walking her on his way to school and he then puts her on her lead and goes a different way so my grandson can't even say 'hi' to her.  He has cut all my family out of his life including his grandkids (tho not by blood).

KxMx

I wish you the best of luck