Horse and rights

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Sammy j

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Hi
i don't know if anyone out there can help me but I have a very heartbroken girl here at home.

Her father bought her 2 horses in a bid for her to move in with him, she's 14 no one else in the family rides although he did also buy the other children a horse each, they lost interest right away, my daughter was the only one living there that rides, she has had lesson on both her horses but she was taking care of all 6 and it became to much.


My daughter lived there for two years
Now it's not possible

My daughters father has been treating her badly and she has come home to live, we have space for her horses more than they have now they are bunched in a v small field. Both her horses were gifts from her father one a birthday gift and the other her riding teacher went with them to get.

She has been with me 2 weeks now and because of her fathers behaviour can't go back. Does she have any rights to her horses they can have a better life with us than there, no one knows how to look after them properly and they can't be ridden no one else can ride does she have any rights here? Her father said she can't have them unless she goes back to live there but that's not possible she was being neglected.

she has a great support system here and if the horses were here they would be at my work as I work on a farm they have so much room there, both horses were gifts and we can get the riding teacher to write a statement or anything we need and others does she have a right to the horses?

If anyone knows anything that could help me that would be great my little girl is scared they are not being looked after and they are very very close.

sj
 
Such a horrible situation for you and your daughter.

All I can suggest is pleading to the fathers and asking if he is really that selfish and want to hurt his daughter so much.
Explain you can care for the ponies, they would have a good life and would be less for hin to worry about.
 
Thank you so much for a reply but there is no talking with him, he's been very cruel he doesn't want or ride any horses he is only keeping them in the hope she will come back but unfortunately the way she has been treated she will never return to his care.

I'm speaking to a solicitor tomorrow about the horses but just wondered if anyone knew if it was worth doing that or am I wasting my time, it's such a shame they are both lovely horses and will now just be living there with out her they love her so much too.

It's just. Horrible sad situation she's heart broken

Sj
 
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Sorry to hear about your girl. Its heartbreaking as a parent to see the emotional blackmail involved. I'm sure the best people to help you would be a solicitor. You can get a free first meeting with many of them so maybe its worth a phone call. Or maybe you could go and aquire them one night.:rolleyes::devilish:
 
I believe that under 18's can not legally own an animal but I may well be wrong, its just one of those things lodged in the back and beyond of my memory.

What a horrid situation! Could I instructor talk to father? Could they be kept on neutral teritory?
 
Thank you for the replies I have thought of that they would just follow her out but he would have us arrested he knows it would only be us it's just so cruel and devastating to watch her be in so much pain

Her father wouldn't let them go anywhere because she wants them but because he has failed as a father he's still trying to blame her for his short comings. It's all very sad and nasty. He's a very spoilt person and never been told he is wrong by his mother so he's now acting like a spoilt child and he thinks that's ok, I'm just amazed how he can see his child in this much pain and still be ok with that. Horrifying really
Sj
 
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If he's not looking after them properly maybe a call to the RSPCA or BHS, maybe they could shed some light on the situation, but for now i think the best thing to do is see what solicitor says when you visit him/her, i would be sure to tell them about the neglect with your daughter. If he cant look after his own flesh and blood.. Best of luck x
 
Good luck with the solicitor, I've no real advice I just didn't want to read and run. I also suspect she can't have legally been 'given' them as she was only 14 and a minor at the time. They are his unfortunately so I suspect all you can do is appeal to his better nature.
 
Did all five of your children live with their father?

Why did he buy one child two horses and the other four only one each?

Why didn't the other four get sold when the other four children didn't want to ride?

I don't know what you can do about your daughter's horses but it sounds like a terribly complicated problem. I doubt if joining an internet forum is going to be of much help, sorry :(
 
Wow thanks was just looking for advice.

Erm I only have one child he has 3 others and he got himself one this is only in the last year, my daughter was given one for her 11th birthday and the other more recent as her first has health problems but she would rather keep her and give her a nice retirement which she has done the last couple of years. She now 14 she lived at her dads the last 2 years. Hope that clears it up a little many thanks for your reply

My daughter has been riding all her life the other children not interested
 
Under 18s can own horses. I bought my pony from a 16yo. It will depend on whose name is on the passport. If she has the passports just go collect her horses if possible?
What a sad situation.
 
Ah well he has them but has never registered the horses as with him still in ex owners names , but you owned your first at 16 maybe there is hope

Had a brief call with solicitor on fri she looking into it but she said its clear they are her possessions so maybe hope guess well see thank you
 
cheeryplatypus said:
Under 18s can own horses. I bought my pony from a 16yo. It will depend on whose name is on the passport. If she has the passports just go collect her horses if possible?
What a sad situation.
Click to expand...

Unfortunately, though, horse passports are NOT legally considered proof of ownership. There is no specific document that is considered proof of ownership in the UK so proving who ultimately has the right to a horse can be quite tricky and has to be based on the best available evidence.
 
Hiya all

Thanks everyone for your feedback,

Every piece of evidence even picture with the horse and signs saying happy birthday show they are hers, plus her instructor she knows she went with her to get the latest one so kinda hoping her statement may account for something

Sj
 
Well if it has been proven or can be proven that he was neglecting your daughter, then how about having him charged with child neglect for starters? So, police and social services needed there. Ask your solicitor if he can be charged.

Also threatening, mistreating, neglecting, or otherwise harming pets falls under the domestic violence side of things, and may also count as child abuse in this instance (mental/emotional). Get your solicitor to point that out to him. He must provide proper care for any famiy pets he chooses to keep as by keeping them they are legally his responsibility.

In addition, not updating the passports is also technically an offence, for which the owner can be fined so someone needs to get that done.

You could also inform your local animal welfare types of his actions, and get your concerns on record with them, the police, your daughter's school and social services. As she will probably need extra support at this time, and whoever provides that should know the situation.
 
I hope you are able to consult a solicitor who has specialist knowledge in these type of family law cases.

Have to say deliberately causing your daughter distress will not look good for him if it gets to court. Do make sure all contacts and actions are accurately recorded.

I am so sorry for both your daughter and her ponies, it is an awful situation.
 
Why would you not seek legal help/BHS help/RSPCA/ Social Sevices advice FIRST - sorry, it's just that this is a very personal and "heavy" first post to a complete group of strangers.
 
Ask the WHW if they can help, they are all horsey and might do something, but blackmail is not nice, if he owns them the best outcome might be that he sells them to you for a nominal sum.
 
Sorry did you not read the part that said I had brief conversation with solicitor on fri, I was looking for advice from people who owned or owners. I have a child heartbroken, just looking for anyone who would know more than me.

Sorry if I've offended shysmum but of course I've spoken to other agency's but when dealing with solicitors these things take time.

Didn't feel it was that personal to ask if any knew about rights over horses as presents.

Thanks for the heads up sorry if offended you in some way
 
Since your daughter has only been living with you for two weeks, following two years living with her father, I suggest you concentrate on getting custody issues sorted out before talking about ownership of horses. Why was the father given custody if he is cruel and if you have been awarded custody now, did you mention these issues at the court hearing?

Sorry to be blunt, but I wouldn't have thought disputing issues of horse ownership would be a priority at this time. If you have welfare concerns regarding the horses, contact the appropriate charities/authorities.
 
I don't believe that your daughter has any right to the horses, heartbreaking as it is.

Involving welfare (if neglected, which it sounds like they are not) will not guarantee them a place with you, in face I suspect it would guarantee rehoming well away from you. Welfare organisations want to ensure a safe life, not a revenge theft (or worse).

I wish you all the luck but fear you will be told the horses are your ex's property.

If you can't appeal to his better side (assuming he has one) then I do not believe your daughter will have any legal entitlement.

Does anyone recall that chap who had got into financial troubles and was going to be made bankrupt/have assets seized? He shot his family and pets (including his daughter's horses as they were his assets).

It sounds like this is all very new? Is there a chance that in time he will come round? Assuming your daughter will still have some contact with him? I assume this is going through the family court? Perhaps during these hearings around custody etc this could be requested in your daughter's interests to assist the relationship.
 
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