Question
I am a foster for a rescue that adopted out a bonded pair of 6-month-old kittens nine months ago. In October, the adopters claimed they had not bonded with one of them and asked to return him. I told them that the kittens were bonded and must be returned together. They agreed to work with him more and provided updates that things were improving.
Two weeks ago, we received a phone call that the kitten they had tried to relinquish was sick. After a vet visit and agreeing to help take care of him, they relinquished him to my care. They also agreed to give me back his brother as long as we reimbursed them for the vet bill.
Two days later, they decided they wanted to keep his brother at any cost. What can we do to get his brother back? They are very bonded, and this is a breach of the agreement because the first cat was very sick for two days before they took him to the vet.
Answer
Rescues that believe their adoption agreement has been violated can commence a civil lawsuit, such as a replevin action, to try to get the animal or animals returned.
When bonded animals are adopted together, ideally there would be a provision in the adoption agreement which states that in the event the adopter no longer wants or is able to keep one or both of the animals, the animals may not be separated and must be returned together. If this or similar language is not contained in the adoption agreement, it may be difficult to require that both animals be returned (except for other violations of the agreement). Verbal agreements can be difficult to prove or enforce as disputing parties recount different versions of their verbal agreement.
Adoption agreements often provide that adopted animals must receive necessary veterinary care but it may be difficult to prove in some circumstances that waiting two days to take an animal to a veterinarian constitutes a violation of the agreement. That would depend on the language of the agreement and the specific facts of the situation (such as the animal’s illness or injuries).
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.