The jury was out on the case of Nelly the dog as three co-owners in Joburg took something some might call a squabble to court.
Taking care of a pet, as most of us know, is like taking care of a baby. It can be costly. It requires a lot of effort, but our love for our four-legged babies always overshadows these. As many couples who share custordy know, a smooth situation is the goal but not always the outcome. So, what happens if you’re co-parenting a dog?
Is taking a dog adoption case to court a bit over the top? Well, not to three neighbours in Joburg. The court was fully in session!
Meet Nelly
According to Business Insider, Nelly, the dog was adopted when the owner of a dog struggled to take care of her. Neighbours, Shaun Smith and Sheena and Pawel Smolak, residents in a Joburg complex, stepped in to take care of Nelly. Everything was going well for three years until Smith moved to Cape Town. He was willing to fly Nelly to CT for visits but the Smolaks’ objected and eventually the case escalated all the way to the Johannesburg High Court.
The agreement
According to the legal document, Smith and the Smolaks adopted Nelly in December 2017 and agreed to share responsibility for her. Medical cover and a contribution of R250 monthly payments was agreed upon for an emergency fund in case of uninsured veterinary treatment. This was a verbal agreement and Nelly would move between the homes during the week. Holidays would be discussed as needed.
The move
In September 2020 Smith moved to Cape Town. After considering the idea of paying for Nelly to fly back and forth to the Mother City, he asked the Smolaks to look after her during his move until he was settled. The Smolaks told Smith they were not entirely happy with flying Nelly to Cape Town, and they reminded him of an agreement that if any of her owners left SA they would leave Nelly behind but Smith argued that this clause was not in the original agreement, as Business Insider shares.
Smith said: “He did not wish to subject Nelly to the chaotic process of unpacking and moving when there was a reasonable alternative during this period,” At this same time Smith and the Smolaks agreed to halt payments into the emergency fund since it had reached an adequate amount.
The Verdict
An animal behaviour specialist, Leigh Shenker stepped in and suggested that “long-distance travel is not suitable for Nelly and will be harmful to her” she continues to say “The trips between Johannesburg and Cape Town by flight or by road may not be in Nelly’s best interest and may contribute toward and lead to deterioration in health.”
Air travel in particular, is known to be stress-inducing for animals. Moreover, airlines don’t always treat animals as passengers, but rather as cargo as Kirsten Theisen a director of pet care issues once said.
The Judge, Shanaaz Mia noted the Smolaks’ insistence that Smith should stay “across the road” when he returned to the city of gold was unrealistic and that being in the same city made enough sense.
Smith applied for an interdict that would ensure the Smolak’s acknoweldging his part in the ownership but the judge dismissed this and opted to suggest making the visists work.
It’s also reported that Smith was ordered to pay the legal costs of the couple.
A bit far-fetched? Not for thse beloved dog owners and perhaps many others who consider pets their lives. As for us, we’re in favour of Nelly!
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Featured Image: Smolaks Facebook
