Amendments to the B.C. Family Law Act are changing the way separating couples handle pet custody disputes.
Previously, pets were legally considered property and custody of pets was settled as part of the division of property. However, recent updates to the legislation defining pets as “companion animals” will provide more direction and take into account more factors in determining who gets to keep Rover or Fluffy.
The legal changes, which went into effect Jan. 15, 2024, are the first of their kind in Canada.
“Going through separation or divorce is already difficult for couples and children,” said Premier David Eby in a press release on Monday. “Our justice system should be there to help, not make it harder. These changes include putting the health, safety and well-being of kids at the centre of every decision and using the actual experiences of families in the system to improve it. The initial changes also recognize that pets are an important part of the family and allow a child’s relationship with a pet to be considered and respected.”
PET CUSTODY
B.C. Attorney General Niki Sharma added that the amendments will help make life easier for couples going through a separation by making sure the important role pets play in families is considered in the separation process.
The amendments are intended to provide more guidance for parties and judges when determining how to address ownership and possession of pets. The updated act requires consideration of factors such as:
- each person’s ability and willingness to care for the animal;
- the circumstances in which the companion animal was acquired;
- the extent to which each spouse cared for the companion animal;
- the relationship a child has with the animal;
- history or risks of family violence; and
- threats of cruelty to the animal.
‘UNIQUE MEMBERS OF OUR FAMILIES’
V. Victoria Shroff is an animal law specialist at Vancouver law firm Shroff and Associates and an adjunct professor of animal law at UBC’s Peter A. Allard school of law. She welcomes the changes, describing the new guidelines as “holistic”
“Pets are unique members of our families, not inanimate property like furniture, and our family laws now reflect this,” she said. “B.C. has taken the lead in Canada when it comes to deciding ‘who gets the pet’ when a couple splits up. This first-of-its-kind legislation considers the interests of the whole family, including relational aspects of the bond between companion animals and their family. Having relevant factors to consider for these difficult decisions will bring more clarity and is a welcome change.”
Couples are encouraged to make their own agreements about custody or ownership of pets, with options that include jointly owning, sharing possession or giving one partner exclusive possession of the pet. If couples can’t come to an agreement, the Supreme Court or the provincial court can make an order that one person has possession and ownership of a companion animal. However, unlike cases involving children, judges cannot order shared custody of a family pet. As a result, any agreement of sharing the pet has to be made outside of court.
CHANGES PROPOSED IN 2022
The changes do not apply to guide dogs or agricultural livestock.
The changes, first proposed in 2022, are based on feedback from a multi-year review of the Family Law Act to address changes in society, as well as developments in case law. The review is taking place in three phases to allow the Province, Indigenous Peoples, legal stakeholders and people throughout B.C. to continue working together to modernize the act to ensure it remains reflective of today’s family dynamics.
“We are committed to making family law work better for families,” said Sharma. “Public engagement is a crucial step in this process and we encourage everyone to share their experiences to help inform changes to family law that will ensure it reflects the changing needs and diversity of families today and tomorrow.”
LEARN MORE
To learn more aboutthe 2022 Family Law Act Modernization Project Phase 1 What We Heard Report, click here. To participate in the public engagement, click here.
Are you going through a family separation and in need of legal advice? Talk to a Clark Woods LLP lawyer today.