Expert: Ali - 10/28/2009

Question
QUESTION: My kitty has been lost for 9 weeks.  He bolted the day after moving to a new home.  He has been found by an elderly couple who just lost their cat to old age.  Our cat is seen at their back door every night when they feed him.  They promised to bring him in to their house and call us but we haven't heard from them in a week.  We think they want to keep him.  What is the best way to trap our cat and bring him home to his family?  What are our rights?

ANSWER: Sherry,

I am glad to hear that you've found your kitty but terribly sorry to hear about this situation, it sounds like a difficult situation that isn't going to be easy to resolve. I really would have to have more information to let you know what your rights are in this situation. Issues like proof of ownership, local municipal, state/provincial laws also vary from place to place. I'm somewhat disturbed by the fact that your suspicions about this elderly couple may be correct so I'll do anything I can to be of help so that you get your kitty back into your loving family again as soon as possible.

Here are a few questions that may help me to render an opinion in this situation:

- Do you have proof of ownership of this kitty? (photos, microchip, vet records, etc can all be classified as proof of ownership depending on where you live and what local laws dictate)

- Did this couple leave names, a telephone number, email address or street address to contact them and/or pick your kitty up from them?

- Does your kitty have any ID (permanent forms like microchips/tatoos would be irrefutable and impossible to dispose of)?

- Have you considered contacting a lawyer?

- Have you sought out information regarding local laws as far as proving ownership of pets is concerned and what your rights are under the law?

- How old is this kitty?

- How long have you and your family been his guardians?

- Do you have any idea where this elderly couple's home is located? (If you brought law enforcement with you they'd most likely ask that the couple turn your kitty over if you could prove ownership)

I look forward to hearing from you so that I can help you develop a plan that falls within your area's laws regarding pet parenthood, proof of ownership, etc so that you can bring your kitty home where he belongs. It's wonderful that this couple has had the compassion to feed and provide care for your kitty, but they need to understand that your kitty is a member of your family and he should be with you receiving the love, care and attention he deserves.

---------- FOLLOW-UP ----------

QUESTION: We have had Bernie for approximately 7 years.  He moved from Texas to Montana with us.  He has always stayed close to home and doesn't like being outdoors with the rain and snow that I why I am frantic to get him home before the snow flies.  I do have proof of ownership and clarified what our rights are with Animal Control.  They basically told me that if this couple keeps Bernie, it becomes a police issue.  As long as we can show proof that we made an attempt to find him, we have pictures of him and vet. records then that is proof enough.  The problem is who's to say they wouldn't hide him when the police show up.  We do know where they live, my husband went to their house and identified Bernie on their back porch but since he has been on his own for 2 months he is somewhat wild and wouldn't come to him.  I did leave a message on the couples answering machine last night basically saying our little girl is anxious to have her kitty home and if they see him don't hesitate to call us.  I doubt they will that is why I rented a trap from Animal Control today and will set it up by their house after dark.  I am not going to tell the couple I am doing this in fear they will sabotage the trap.  Hopefully we can trap him and bring him home where he belongs.  Thank you for your caring, compassion and advice.  Wish me luck!

Answer
Sherry,

My thoughts are with you and I hope you get your boy back soon. My recommendation when you do set up the trap would be to bait it with something yummier than this couple is offering - try canned tuna, salmon or sardines packed in water, then make sure that you sit and wait as cats trapped in a trap can become stressed very quickly and they're more exposed to the elements so getting to the trap ASAP is important. Be sure that you bring along a blanket or towel to place over the trap to keep Bernie as calm as possible, covering a fearful kitty works well for this purpose. When you do catch your boy I'd strongly suggest that you don't allow your little girl to have contact with him until he's seen a vet and been thoroughly treated for internal/external parasites and any other potential health issues. Setting him up in your bedroom or a bathroom that the children don't use would be best for a few reasons:

- It allows Bernie to become accustomed to the sounds, smells and routines of home again in an environment that's as stress free for him as possible which will minimize the chances of him striking out in fear since he hasn't been around children in awhile.

- By confining your kitty behind a door within your household you'll be less likely to have him escape again.

- If Bernie is sick he has a chance to be diagnosed and treated in a relatively stress free environment and if he's got any parasites you won't have to deal with potential risks of your little ones dealing with flea bites or ending up with worms (since we all know kids aren't great about washing their hands after handling pets).

You are certainly well within your rights to have the police charge this elderly couple with theft (as distasteful as this is, pets are considered property in most jurisdictions), but I really don't think it's the best way to go for a few different reasons and in the end it likely won't be worth the hassle it creates. Since you know where this couple lives I see nothing wrong with setting up a humane live trap nearby, but doing so on their property may result in the couple calling the police to report that your husband is trespassing so do be careful. Your heart is in the right place and legally you're on solid ground, this couple has your kitty, you have proof of ownership and they've stood in the way of reuniting Bernie by dodging your calls - you want to keep your family on solid legal ground in this situation. Setting up the trap on the edge of the property line in a neighbor's yard would be best. I'd suggest that you fill the next door neighbors in on the situation, show them proof of ownership such as photos, vet bills, etc then ask politely if you can set the trap in their backyard. Most people are pretty good when it comes to situations like this and odds are your boy will find his way into the trap without creating legal hassles with the elderly couple that's caring for your kitty. In my experience there are some elderly folks who go out of their way to make others miserable, you may be dealing with such a couple so tread carefully or you'll be on the receiving end of their wrath even though they're on shakey legal ground and you're technically on the right side of the law.

Once you've caught Bernie and brought him home I'd strongly suggest that you invest in permanent ID for him (something that can't be altered such as a tatoo or microchip with GPS capabilities is best if your little guy escapes again, it's further proof of ownership + with GPS tracking you'll be able to find him quickly and easily even if he's in someone's home). You and your husband could try to smooth relations with this elderly couple out once Bernie's home by dropping by with a framed photo of Bernie and "his" little girl and a thank you card (homemade by your daughter would be great I think) thanking them for helping to find Bernie and having the compassion to provide him with food. This way the couple doesn't feel put out (I know that you and your family have all the reasons in the world to be upset at the way things have gone, but often with elderly people it's best to kill them with kindness rather than trying to argue the ethics of their actions, unfortunately they most likely felt justified in their actions since they've recently lost a kitty - sort of a "finders, keepers" moment senior style). My thoughts are with you and I look forward to a progress report soon, hopefully Bernie will be back to his old tricks (minus the Houdini routines) and enjoying life with his family soon. Please keep me updated, I'd love to hear that this little guy has finally made it home to you and everything turns out okay. If there's anything else that I can do to help I'd be happy to, feel free to contact me again with any kitty related issues.