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Suing in small claims court can be an effective way to recover either the value of your dog or your dog back. Most small claims courts will only let you sue for the value of your property. ... However, some small claims courts also allow people to file a writ of replevin.

If the person who re-housed the dog refuses to give the dog back to its owner, it is open to the owner to make a claim for 'wrongful retention of goods'. Proceedings for wrongful retention of goods are commenced in the county court or High Court (a case concerning a dog would usually be brought in the county court).

If you are getting divorced from your partner, the Court may be able to decide who will get to keep the family pet. For example, if you have a dog, the court may order transfer of ownership or pedigree paper the same way they would for land or any other property.

The ownership of your pet would be considered under Civil Law rather than Family Law. If there was a dispute over ownership of the animal, then you would have to make a Civil claim to the Court to assert and prove ownership.

Different options to resolve and formalise custody issues over your pet (a) Negotiate with your former spouse. (b) Seek consent orders or prepare a binding financial agreement which include provisions for your pet. (c) Make an application for property orders which includes your pet.

In a Small Claims Court, the District Judge holds power to decide who the sole owner of the dog is and can rule that person as the primary owner of the dog. Courts can also rule for joint custody of the dog, depending on the circumstances between the couple.