Oikeudet & velvollisuudet

It is the owner's responsibility to protect the rights of a dog, cat or any other pet
(Jan-Olof Nyholm, VT)

Lately, there have been several writings in the papers about the ”dog boom” in Finland and, for example, MTV News reported on the increasing popularity of pets with the following headline: ”Covid-19 resulted in people getting more and more pets, what consequences could this have?” The obligations that come with getting a pet have also been discussed commendably in the news.

Getting a pet should merit a similar consideration than deciding to try for a baby. Making a considered decision shows an ability to take responsibility for securing the child’s and the pet’s rights. Parents are legally obligated to support their child proportionally to their ability to do so, in case the parents separate. There is also specific legislation about how to decide on the child’s living and other things, when the parents don’t live together. Courts can also secure the child’s right to spend time with the parent with whom the child doesn’t live with.

The animal protection law legislates the rights of cats and dogs, but this law does not take any stand on how the rights of cats and dogs should be realized when the owners move to separate addresses. However, animals have feelings and the right to live a good life. The obligation to take care of your furry family member should not end when the owners go their separate ways.

Having a pet comes with many significant financial obligations and expenses. Not only daily caretaking and food expenses, but also veterinary costs that can go up to thousands of euros. Unlike children, the law does not determine how a pet’s rights should be defined when the parents separate. Who should the pet live with, who is responsible for the expenses (maintenance liability) and how should decisions be made regarding the pet (custody)? Does the pet have the right to spend time with the other owner who lives elsewhere (visitation right)?

The law addresses pets as movable property. This legislation has not been crafted with the thought that movable property could have feelings and emotional bonds with more than one person.

During my time as a Lawyer handling family law cases I have faced parents using their child as a tool in their disagreements. I have also met parents who were not able to see things from the child’s point of view. Similar behaviour has been noticed with pets in the family. A good example of this type of damaging behaviour can be found in the Finnish TV drama ”Pohjolan laki”, where a cat is used as a tool to hurt the other party. The man in the series takes a matter regarding ”movable proparty” (in other words, the cat) to the court, but the man’s motives are completely elsewhere than in the welfare of the cat.

If parents cannot reach an agreement on their child's matters during separation proceedings, the interests of the child are monitored by the court, based on the Act on Child Custody and Right of Access. However, our cats, dogs and other pets have not been given the same protection by the law, and no one is monitoring the execution of a pet's rights when the owners are separating.

Based on my own view and experience, before getting a pet, I strongly recommend that the parties sign a written agreement on how they commit to take care of their new family member during, even in the case of a separation. I strongly think that having that discussion and writing down what has been agreed on is the obligation of every person who gets a pet. This can help avoid disputes that may surface during separation.