Can't Get My Cat Back

[FreeTheKitty]

Hello! I'm in a slight bit of a bind and need some help. I found a cat, a stray, with my mother back in September of 2012 that we took in and decided to keep. We had two other cats at the time. My mother paid for his shots, and we took all three of them when we moved. My father passed away in 2013, and my mother left me and the three cats on a horse ranch we'd moved to with no vehicle, just a bike, several miles from the nearest town. I took care of them by myself from November 2013 to August 2014, where I had a good friend take them while I moved around houses and attended a law enforcement academy.

My mother took them from this foster home with my blessing, and I moved in with her some time later. My cat - the one we found as a stray - immediately attached himself to me again, and she would always call him 'mine'. There are posts on Facebook and text messages where he is called mine that I'm documenting right now. I moved away and found myself a place to stay, a part time job, and a safe place for my cat with other cats he can bond with.

Three days ago, I asked politely to have my cat back (not the other two) now that I have a stable place and income to take care of him again. She refused, and brought up things that had happened two years ago, citing them as my fault (she had abandoned a truck, horse tack, and a variety of other things when she left me and the cats on our own), and demanded that I return them before getting the cat back. Since that's impossible, she has now told me that I will not be getting my cat back.

The place where they are at is up in the mountains, where cougars and bears frequently visit the town. The doors are often left open and I see posts from her asking if anybody has seen one of her cats because he got out and disappeared again. Her boyfriend is also an alcoholic with a criminal record for domestic violence, one that I don't trust around the cats. I believe my cat is in danger and would like to take every step I can to bring him home.

Does anyone have any advice on how to handle this?

 

[Proserpina]

Hello! I'm in a slight bit of a bind and need some help. I found a cat, a stray, with my mother back in September of 2012 that we took in and decided to keep. We had two other cats at the time. My mother paid for his shots, and we took all three of them when we moved. My father passed away in 2013, and my mother left me and the three cats on a horse ranch we'd moved to with no vehicle, just a bike, several miles from the nearest town. I took care of them by myself from November 2013 to August 2014, where I had a good friend take them while I moved around houses and attended a law enforcement academy.

My mother took them from this foster home with my blessing, and I moved in with her some time later. My cat - the one we found as a stray - immediately attached himself to me again, and she would always call him 'mine'. There are posts on Facebook and text messages where he is called mine that I'm documenting right now. I moved away and found myself a place to stay, a part time job, and a safe place for my cat with other cats he can bond with.

Three days ago, I asked politely to have my cat back (not the other two) now that I have a stable place and income to take care of him again. She refused, and brought up things that had happened two years ago, citing them as my fault (she had abandoned a truck, horse tack, and a variety of other things when she left me and the cats on our own), and demanded that I return them before getting the cat back. Since that's impossible, she has now told me that I will not be getting my cat back.

The place where they are at is up in the mountains, where cougars and bears frequently visit the town. The doors are often left open and I see posts from her asking if anybody has seen one of her cats because he got out and disappeared again. Her boyfriend is also an alcoholic with a criminal record for domestic violence, one that I don't trust around the cats. I believe my cat is in danger and would like to take every step I can to bring him home.

Does anyone have any advice on how to handle this?

What is it you actually wish to accomplish?

If you believe the cat is genuinely at risk, by all means call the local SPCA or Humane Society. Failing that, you have not identified your US state, so we cannot tell you whether or not (and it's generally "not") small claims court can award you specific performance (the return of the cat) rather than a financial award (the value of the cat).

 

[FreeTheKitty]

I'm in California.

The only thing I want is the return of my cat. That's what I hope to accomplish.

 

[Proserpina]

I'm in California.

The only thing I want is the return of my cat. That's what I hope to accomplish.

Luckily for you, small claims in CA can order the return of property (and the cat is indeed property) in its judgement. Note I said "can" - not "will".

A problem I see is that you don't seem able to prove who actually owns the cat; it's a crap-shoot at best. Still, it doesn't cost much to file so there's really nothing stopping you from at least trying.

Just be prepared for Mom to tell you that the cat ran away/got lost/died. If that happens, you'll likely walk away with nothing at all and out by $30.

Good luck.

 

[FreeTheKitty]

The proof of ownership thing is what bothers me most - I DO have a post I've screenshotted where she says the cat is mine not even a month ago, but I'm unsure how admissible that is in any sort of court.

On the other hand, I've had a couple of friends tell me to try and get a police escort to go get my cat and anything else I left there, as I'm somewhat afraid of going there alone (her boyfriend was convicted of domestic abuse, and is an alcoholic, I don't trust him at all). I'm talking to a law enforcement friend of mine now if that would be doable, or if I would just be pushed to 'this is a civil issue' side of things or not.

 

[Proserpina]

The proof of ownership thing is what bothers me most - I DO have a post I've screenshotted where she says the cat is mine not even a month ago, but I'm unsure how admissible that is in any sort of court.

On the other hand, I've had a couple of friends tell me to try and get a police escort to go get my cat and anything else I left there, as I'm somewhat afraid of going there alone (her boyfriend was convicted of domestic abuse, and is an alcoholic, I don't trust him at all). I'm talking to a law enforcement friend of mine now if that would be doable, or if I would just be pushed to 'this is a civil issue' side of things or not.

Your personal belongings should be retrieved, absolutely. I'm just not convinced the cat will be joining them at this point.