The law regarding “pet custody” is evolving in British Columbia. Recent and significant changes to the Family Law Act have affected the way family pets are treated during a divorce or separation.

Pets have been historically been handled by the courts like property. In at least one case, a judge ordered the parties to reach an agreement about who would keep a dog, and if they couldn’t agree, the judge threatened to order the sale of the dog and for the parties to equally split the sale proceeds (if any).

Property issues can only be dealt with in the Supreme Court of BC, so parties were not permitted to seek orders regarding pets in Provincial Court. Now that pets are no longer considered “property,” issues regarding pets can be dealt with in Provincial Court.

Most people who have ever had a pet understand that a pets can’t be compared to a couch or a TV. Pets are loved like members of the family, and some people have drafted detailed “custody agreements” regarding pets. These agreements were previously quite difficult to enforce in the court in the event of a dispute.

The proposed amendments to the Family Law Act in British Columbia result in pets being considered more like children than a personal possession (or “chattel”). The legislation will  refer to pets as “companion animals.”

The courts will consider several factors when determining how to handle a dispute over a family pet. These factors include:

• The circumstances in which the companion animal was acquired.
• The extent to which each spouse cared for the companion animal.
• Any history of family violence.
• The risk of family violence.
• A spouse’s cruelty, or threat of cruelty, toward an animal.
• The relationship that a child has with the companion animal.
• The willingness and ability of each spouse to care for the basic needs of the companion animal.
• Any other circumstances the court considers relevant.

These factors will be considered by the courts in making decisions about pet custody, allowing for a more nuanced and pet-centric approach to resolving disputes.

If you and your spouse have children who are also very close with your pet, we generally recommend that the pet is transferred between the parents during exchanges of the children, so that the children can enjoy the company of the pet, regardless of which parent they are staying with. This can be particularly important if your children are emotionally fragile and struggling with their parents’ separation.