# Canadian Laws Regarding Ownership, Liability, Etc? Complicated!



## SeemsLegit (Oct 26, 2012)

So, here's the deal. 

I'm set to get a new horse on Saturday, which I'm super excited for. He's an unbroke gelding, and so he'll be my first attempt in regards to training from the ground-up. My mom's fiance is a trainer, and therefore we'd planned to do everything together so he could show me the ropes - no problem there! 

The problem arises between my (biological) dad and mom, who are currently going through a very nasty divorce. My step-dad is concerned that, should I end up _hurt_ from working with the gelding (which is likely, and I'm aware of this fact), my legitimate dad will have all he needs to both sue my mother and/or him for allowing that to happen. 

Seeing as I'm quite sure my father will refuse to sign any wavers for me (I'm 17, might I add), we're stuck between a rock and a hard place. 

If the horse is in my name, does that remove the possibility that he could sue should I get injured? Is one parent enough to give consent towards working with the horse? 

I'm really just looking for some ideas in order to allow me to work with the horse without having any issues come of it. I know my dad would sue should he be offered the chance. 

All opinions are appreciated and if you need me to clarify anything please let me know!


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## Chevaux (Jun 27, 2012)

When do you turn 18, Seemslegit? With any luck, by the time you get through the groundwork and are ready to ride, you'll be an adult and if any one is going to do the suing, it would be you at the point as you've come of age.


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## SeemsLegit (Oct 26, 2012)

Chevaux said:


> When do you turn 18, Seemslegit? With any luck, by the time you get through the groundwork and are ready to ride, you'll be an adult and if any one is going to do the suing, it would be you at the point as you've come of age.


Late June, and thank you for the quick reply! I'm not even entirely sure if I would be allowed to do groundwork, but we'll have to see. Fingers crossed!


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## goneriding (Jun 6, 2011)

Sorry, but your biological dad sounds "not so nice." You have permission from your mom to work with this horse, no? Who has full custody? Is it 50/50? I understand your step dad's position on it. What would be your biological father's ground for suing, getting back at your mom? Your mom has a say in your life, not just your dad. His say does not override your mom's. On top of that you are seventeen, you are not a young child. I would proceed with your goals. Your father is trying to put fear and intimidation into you, your mom, and your step father. I would not give him that power.


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## goneriding (Jun 6, 2011)

Has your biological father expressed negativity towards your horse situation? I shouldn't asked that first...


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## Zexious (Aug 2, 2013)

I would explain to your father that your love of horses, and the fact that your stepfather is helping you, has nothing to do with their divorce. Hopefully, if you speak to him sensibly, he will understand.
Keep us updated!


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## SeemsLegit (Oct 26, 2012)

goneriding said:


> Sorry, but your biological dad sounds "not so nice." You have permission from your mom to work with this horse, no? Who has full custody? Is it 50/50? I understand your step dad's position on it. What would be your biological father's ground for suing, getting back at your mom? Your mom has a say in your life, not just your dad. His say does not override your mom's. On top of that you are seventeen, you are not a young child. I would proceed with your goals. Your father is trying to put fear and intimidation into you, your mom, and your step father. I would not give him that power.


Ah, yeah, that's another very complicated conversation all-together. My mother is _dying_ for me to be able to work with the gelding, and is nearly as excited as I am. I'm technically with her 100% of the time, as I'm living with her now, but nothing legal proves that. Custody hasn't been sorted through the court yet. Does that change anything? I appreciate the answer, so thank you! 




goneriding said:


> Has your biological father expressed negativity towards your horse situation? I shouldn't asked that first...


Not to me, but he's fixing to use what he can against mom in the divorce -- which includes the payments he made on my last mare, for a purpose I'm not entirely sure of. We're just unsure of what we would tolerate at this time, if you get me? 




Zexious said:


> I would explain to your father that your love of horses, and the fact that your stepfather is helping you, has nothing to do with their divorce. Hopefully, if you speak to him sensibly, he will understand.
> Keep us updated!


Yeah, I think I'm going to try and get ahold of him in order to try and explain. It could blow over and go great, but I'm afraid of the alternative. He's always been very kind regarding me and my riding, so this is all a bit of a shock. 

Again, thank you everyone!


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## SeemsLegit (Oct 26, 2012)

Update: As expected, dad doesn't want to sign the waver until he has "more information" on my stepdad. This equates to: he won't be signing it, but wants to give me hope so I'm not miffed. I won't even get into the details of that great conversation, but we're looking for a way to get around this as easily as possible! 

My brother (who is living with my biological dad full time) is a football kid, and he got a concussion last week while playing; could that not be used in court to defend where I stand, seeing as both are dangerous but permission wasn't granted from my mom for my brother to play?


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## Saddlebag (Jan 17, 2011)

Have you told both bio and step that this is very much what you want and that you'd like their support. You appreciate their concerns for your safety and that you promise to be mindful of this. Did the step legally adopt you? If not, he may have no say in the matter. You are your mother's child. But it is best to have everyone on board.


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## waresbear (Jun 18, 2011)

Your dad is suing for what? You are his asset and they damaged you? Not likely. Forget about it and go on with what you had planned.


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## 4horses (Nov 26, 2012)

You should talk to your dad and tell him that this is something very important to you and ask if he is willing to risk ruining your relationship over something like this.

Tell him you love him, but you are tired of all the fighting and that you would like his support. That this is something you want to do more than anything, and you will be really hurt if he chooses not to support your dreams. 

Worth a try anyways.


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## SeemsLegit (Oct 26, 2012)

As expected, I brought up the waver with my biological dad and he "politely" declined, saying things such as: "it doesn't have to be this way," trying to turn the fault over onto my mom and stepdad. I'm not pleased, to say the least - but, still hopeful! 



Saddlebag said:


> Have you told both bio and step that this is very much what you want and that you'd like their support. You appreciate their concerns for your safety and that you promise to be mindful of this. Did the step legally adopt you? If not, he may have no say in the matter. You are your mother's child. But it is best to have everyone on board.


I did, yes. My stepdad is doing everything in his power for me to be able to work with the horse, but no he didn't adopt me - he's marrying mom though, so doesn't that count for something along those lines? Thanks! 



waresbear said:


> Your dad is suing for what? You are his asset and they damaged you? Not likely. Forget about it and go on with what you had planned.


Thank you! It sounds like this is what we will end up doing, and I really appreciate you commenting!



4horses said:


> You should talk to your dad and tell him that this is something very important to you and ask if he is willing to risk ruining your relationship over something like this.
> 
> Tell him you love him, but you are tired of all the fighting and that you would like his support. That this is something you want to do more than anything, and you will be really hurt if he chooses not to support your dreams.
> 
> Worth a try anyways.


Yeah, I plan to. I did tell him something along those lines on the phone when I brought up the waver, but he seemed to brush it off and tried to relocate the blame. 

Thanks again, everyone. c':


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