redditchlady Posted January 10, 2008 Report Share Posted January 10, 2008 Lets hope the pups get taken into rescue before they are old enough to reproduce. What a mess. Kazz xx Link to comment Share on other sites More sharing options...
BillyMalc Posted January 10, 2008 Report Share Posted January 10, 2008 Billie, no problems Just thinking it may be a way to get rehoming guidelines tightened up. I wasn't trying to criticise, sorry if I came across that way. That is why I asked if it may be ok to post a copy of the rehoming contract. (Obviously without the header) We can all learn more by helping. Just my thoughts hun. Sorry if you read it as a criticism. It really wasn't meant to come across like that. Kazz xx No worries! Menage a 3, have you heard any feedback from the sollicitor? Can the police advise at all? If the dogs legally belong to the rescue and the people who have adopted them are withholding them then surely they're breaking the law? Small claims court? I have to admit I've got no idea whatsoever, just trying my thinking cap on and offering suggestions. Please keep us updated! Link to comment Share on other sites More sharing options...
Carole Stitcher Posted January 10, 2008 Report Share Posted January 10, 2008 Sorry if this is a bit controversial, but our Noah and Ruth are litter siblings, who we had neutered at six months as agreed with the rescue, so it does to a certain extent depend on who you rehome to. As I understand it, there are some rehoming contacts, depending on the wording, that can stand up in court, the big problem is always the amount of money it costs to press the issue which many may consider better spent elsewhere. Link to comment Share on other sites More sharing options...
cocoa Posted January 10, 2008 Report Share Posted January 10, 2008 Sorry if this is a bit controversial, but our Noah and Ruth are litter siblings, who we had neutered at six months as agreed with the rescue, so it does to a certain extent depend on who you rehome to. As I understand it, there are some rehoming contacts, depending on the wording, that can stand up in court, the big problem is always the amount of money it costs to press the issue which many may consider better spent elsewhere. he is saying he has never seen one and how could it stand up in court ? he is happy to look into this but feels it would not get far i will let you know what he thinks any paper work that i could show him would be get, i have show him what i have and he has said not one of them stand up so far Link to comment Share on other sites More sharing options...
Trallwm farm Posted January 10, 2008 Report Share Posted January 10, 2008 No worries! Menage a 3, have you heard any feedback from the sollicitor? Can the police advise at all? If the dogs legally belong to the rescue and the people who have adopted them are withholding them then surely they're breaking the law? Small claims court? You would think so wouldnt you but I think its down to the honesty of people really. Link to comment Share on other sites More sharing options...
Rumpole Posted January 11, 2008 Report Share Posted January 11, 2008 i really think it depends on how well the circumstances are covered in the adoption form The section of our adoption form referring to neutering is below The legality of our adoption form has been accepted in court in relation to ownership but ive never had to enforce the breeding clause because we have never had the cause to the following is above the signature and witness signature I have read all the conditions of adoption stated above and accept that by adding my signature below that i am agreeing to abide by them fully 8, Fireside dogs are neutered before rehoming except in exceptional cases, In such cases the dog will at the required time be booked into a vet in the relevant area by a Fireside Rescue representative and confirmation that neutering has been carried out will be requested direct from the vet. Under no circumstances is breeding from a rescue dog allowed and evidence of such WILL result in the immediate removal of the dog from your care, Any puppies resulting from such a mating are the property of Fireside and will also be removed. It is our job as a rescue to help the many dogs who are currently in need NOT to produce more. Link to comment Share on other sites More sharing options...
redditchlady Posted January 11, 2008 Report Share Posted January 11, 2008 i really think it depends on how well the circumstances are covered in the adoption form The section of our adoption form referring to neutering is below The legality of our adoption form has been accepted in court in relation to ownership but ive never had to enforce the breeding clause because we have never had the cause to the following is above the signature and witness signature I have read all the conditions of adoption stated above and accept that by adding my signature below that i am agreeing to abide by them fully 8, Fireside dogs are neutered before rehoming except in exceptional cases, In such cases the dog will at the required time be booked into a vet in the relevant area by a Fireside Rescue representative and confirmation that neutering has been carried out will be requested direct from the vet. Under no circumstances is breeding from a rescue dog allowed and evidence of such WILL result in the immediate removal of the dog from your care, Any puppies resulting from such a mating are the property of Fireside and will also be removed. It is our job as a rescue to help the many dogs who are currently in need NOT to produce more. Lets hope the rescue can take good advice on board. It smacks to me as a shambles to be perfectly honest. A bitch is in whelp for 9 weeks. When the follow up home visitor wasn't allowed in that should have rung alarm bells. They should have been more careful knowing a male can produce as soon as the Testes drop. Sorry just my thoughts. What a mess. Is there no way the neighbours can't be contacted etc. Just thoughts. Kazz xx Lets all hope things can be sorted for these poor pups. God knows where they could end up. Link to comment Share on other sites More sharing options...
merledogs Posted January 11, 2008 Report Share Posted January 11, 2008 (edited) he is saying he has never seen one and how could it stand up in court ? he is happy to look into this but feels it would not get far i will let you know what he thinks any paper work that i could show him would be get, i have show him what i have and he has said not one of them stand up so far My solicitor told me the same, that the dogs are mine to do with as I please, regardless of the adoption contract. HOWEVER, there was a case recently where a lab was seized back by the rescue, the woman who had adopted the lab took the rescue to court and the court held that the rescue was within its rights (there was a thread in contro about it). Not sure whether this sets a precedent or whether there were other circumstances surrounding the case which affected the outcome. Edited to add link to thread. Edited January 11, 2008 by madmerle Link to comment Share on other sites More sharing options...
menage_a_trois Posted January 11, 2008 Author Report Share Posted January 11, 2008 Many thanks for help - I`ll pass all the helpful ones on to the people concerned cheers. (in response to queries - I`m a friend of the rehomers - and I am trying to help because of the risk to animals involved) Link to comment Share on other sites More sharing options...
KathyM Posted January 11, 2008 Report Share Posted January 11, 2008 I am trying to help because of the risk to animals involved) What risk is that? If it's the risk of them being bred, it's a bit late. Link to comment Share on other sites More sharing options...
cocoa Posted January 11, 2008 Report Share Posted January 11, 2008 i can't find the out come of this dog or have a miss it i will go read it again what i am being told is the same as last night after getting the law books out that it's contract of intend they will NOT stand he will look at this case but with out all the in,s and out,s he would not put a lot on it. he thinks that one case out of the 1000,s that have come up and there has been some in court after this have not won. yes the contract of intend would be taken into it but the first thing he would like to point out is that the money it would cost would be very hight i am not trying to upset anyone but i do think that a lot of this is people thinking they know what will happen and pinning a lot of hope on that would it not be better to take this on a try and change things so that a court would take it up ? i do hope the puppies are ok in this case i hope the get good homes and this dose not keep going but i do think we should stop putting heads in the sand and try and come up with a bit of paper that would stand up he would likt to point out that he gets how you all feel about breeding but there is no law to say that dogs can't be breed of you many have a bit of paper that says you don't want this but there is no law to stop it so that could be a great point to take on there needs to be some kind of line that people can take he wants to point out that there is no way they will put a big NO on breeding he says that people breed all the time some of them he thinks should never have kids but they do and he can't stop that it is the same with dogs there need to be breeding law,s that are held up under the court that is the only way to stop this like all dogs that are breed off are tested of all know problems hips and eyes and stuff like that he could see some thing like that standing but it would need to work on all sides and vets and the KC would have to back it my own lawyers have called why i have been doing this to say there is no way this would stand it would be who has the most money and they can't see it getting to court in anyway i am sorry and i don't want to start world war 3 but i can't see why we all sit there saying my paper work would stand up why there are 2 lawyer and a court saying no case after case that goes under the table because we don't want to stand up and change it i will say sorry to for my poor spelling and stuff i know i am bad at it and i know it makes it hard to read Link to comment Share on other sites More sharing options...
redditchlady Posted January 11, 2008 Report Share Posted January 11, 2008 Many thanks for help - I`ll pass all the helpful ones on to the people concernedcheers. (in response to queries - I`m a friend of the rehomers - and I am trying to help because of the risk to animals involved) Sorry I may be being a bit thick here, but as in rehomers do you mean the person who has the pups that have mated or the "rescue" If you are a friend of the rescue then why aren't they themselves holding their hands up and asking for help themselves. I'm confused now. Kazz xx Link to comment Share on other sites More sharing options...
Jacobean Posted January 11, 2008 Report Share Posted January 11, 2008 I don't think this will stand up in court either. Was it a private rehoming agreement or was this through a rescue. Link to comment Share on other sites More sharing options...
Fee Posted January 11, 2008 Report Share Posted January 11, 2008 What risk is that? If it's the risk of them being bred, it's a bit late. There is still the risk that these dogs may be repeatedly bred from in future, plus the risk to the existing pupplies to consider. The OP in this case is asking for help concerning a very sad and worrying situation that already exists and is not of her making, so I'd have thought information and constructive advice is what's needed here. Link to comment Share on other sites More sharing options...
Trallwm farm Posted January 11, 2008 Report Share Posted January 11, 2008 There is still the risk that these dogs may be repeatedly bred from in future, plus the risk to the existing pupplies to consider. The OP in this case is asking for help concerning a very sad and worrying situation that already exists and is not of her making, so I'd have thought information and constructive advice is what's needed here. They ARE getting helpfull advice. I think the rescue themselves could be more forthcoming Link to comment Share on other sites More sharing options...
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