Who gets the dog? B.C. couple takes break up to court

Breakups are never easy and they can be even harder if there’s a pet involved.

A B.C. couple is just one example of how the question “who gets the dog?” can create even more tension as two people part ways.

According to court documents, Daniel MacIntosh took his ex Pamela Zwicker to small claims court, saying she took their dog, a miniature Australian Shepherd named Mambo, after they split.

Zwicker argued that Mambo formed a “deep bond” to her dog Harley. She also claimed that MacIntosh wasn’t a fit parent for Mambo because he often works out of town.

However, the BC Civil Resolution Tribunal disagreed with the latter.

“I find the evidence does not support this assertion. I find both parties love and can adequately care for the dog,” the decision reads.

Noting that MacIntosh paid for the majority of dog-related expenses, as well as some other factors, the tribunal ultimately ruled in his favour, saying he should get to keep Mambo.

Legally, dogs are considered private property, so whoever bought the dog and pays for its bills is usually considered the owner.

While this has typically been the case, the tribunal notes that “some courts have considered the dog’s welfare in determining ownership.”

In addition to returning Mambo to MacIntosh, Zwicker has also been ordered to reimburse her ex for the cost of tribunal fees, as he was successful.