As anyone with a pet can tell you, your furry friend is more then another piece of property, it is a member of your family.  At law, however, your pet is still your property which, as any pet-owner can imagine, can create significant challenges when dealing with property division at separation or divorce.  Fortunately, British Columbia is now updating the Family Law Act, to consider the special relationships owners have with their pets.

The Changes

Previously pets were not explicitly contemplated by the Act, and were, in the language of the Act, treated no differently then any other property.  This opened the door for judges to deal with the Court to resolve the custody of pets far more callously then any pet owner would like to imagine.  With the upcoming amendments, the Act will now contain a new category of property, “Companion Animals” and there will be special factors a Court will have to take into account when deciding who will get custody of a pet post-separation.

The new factors a Court will consider when awarding custody of a pet are the following:

  1. the circumstances in which the pet was acquired;
  2. the extent to which each partner cared for the pet;
  3. any history of family violence;
  4. the risk of family violence;
  5. a spouse’s cruelty, or threat of cruelty, toward an animal;
  6. the relationship that a child has with the companion animal; and
  7. the willingness and ability of each spouse to care for the basic needs of the companion animal.

As you can see the above changes are a great step in recognizing the reality of the emotional bonds pet owners have with their animal companions.

Pet Custody Agreements

One thing a Court will not order with respect to a pet is any form of joint ownership or shared possession of a pet.  If a Court is forced to determine custody of a pet, the Act requires that the Court grant custody of the pet entirely to one owner.  Nonetheless, if parties wish to have an alternative arrangement for custody of their pet following separation they can agree to a binding pet custody agreement, this can allow parties to agree to their mutual responsibilities, custody, access, and financial obligations to their pets.

Conclusion

Pet custody is still a developing area of law, which is prone to conflict between separating partners.  If you have any questions or concerns regarding custody of your pet following separation, we advise retaining legal counsel to assist with navigating this novel and complicated area of law.

Of course, no discussion of pet law is complete without a photo of an animal companion.  I hope readers will enjoy this photo of the author’s own furry friend.

-Chad Burton, Lawyer