RSPCA agrees to return dog

Our client and their former partner shared custody of a dog following their separation. Our client’s former partner was accused of animal cruelty which led to the RSPCA seizing the dog. Our client and her young child had also extensively cared for the dog and were not involved in any of the alleged offending conduct. However, the RSPCA refused to deal with our client or acknowledge that the dog could be returned to our client as it claimed they were prevented from doing so by the provisions in the Animal Welfare Act 2002 (WA).

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We prepared extensive submissions around the legal principles surrounding the seizure of animals under the Animal Welfare Act 2002 (WA) and successfully negotiated with the RSPCA who agreed to return our client’s dog on the resolution of the prosecution against the client’s former partner. This allowed our client and their young child to be reassured that their beloved family pet would return to them which our client was thrilled about.