For the first time since recent changes to B.C. Family Law, a Supreme Court has awarded custody of a family pet in a divorce.
Under changes enacted to the law last year, pets are recognized as family members, not possessions and legal decisions on pet custody will now consider the well-being of the pet, including the care provided and any history of family violence.
This ruling involved a couple with a young child and a dog who were getting divorced.
In the ruling, it stated that each of the parties shared the dog, Toba, weekly, exchanging her on Fridays.
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However, once the daughter started daycare, the Friday handover wouldn’t work and while the wife tried to find alternative arrangements, the court documents state that the husband did not respond to any attempts to communicate.
Toba ended up staying with the wife and had been living with her for the past few years.
In the case, Justice Maegen M. Giltrow ruled that under the new B.C. Family Law a judge cannot award joint ownership or require shared possession and ruled in favour of the wife.
Pets are no longer ‘property’ under B.C. family law
“When a couple comes to the court saying they want shared custody, which is forbidden by the legislation unless there’s prior agreement, that’s the only time when the courts are going to act on that,” animal lawyer V. Victoria Shroff said.
“Otherwise the court must not order shared access or shared possession of a companion animal.”
Legal experts say the changes to B.C. Family law regarding the custody of pets sets a precedent across the country.
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