Ethan Assal v. Jennifer Barwick (Kidwell)

Summary: A circuit court upheld and enforced a divorce settlement that granted the husband visitation of the couple's dog for one month each summer. After the dog had gotten loose during a past visit and the husband had driven with the dog in the trunk of his car, however, the wife had refused to turn the dog over. The husband later abandoned his fight for visitation with the dog. During the proceedings, however, the Animal Legal Defense Fund filed this amicus curiae brief to urge the court to include in its consideration the needs and interests of the dog. The attached brief sets forth reported case decisions and rulings of other courts that have grappled with the view that companion animals are more than mere chattel.