A divorced B.C. couple has been ordered by the provincial supreme court to share custody of their dog in one of the first legal cases decided under new legislation passed by the B.C. government earlier this year.
The case between Sahar Bayat and Omid Mavedati involves a golden retriever named Stella the now ex-couple bought in the beginning of their relationship in 2020.
The couple is now divorcing after close to three years of marriage, and disputes the ownership of Stella, with the Bayat seeking exclusive custody. Associate Judge Scott Nielsen with the B.C. Supreme Court ruled that the former couple should share the custody of their dog 50/50, on a week-on, week-off basis.
The decision is the first by the courts since amendments to the B.C. Family Law Act came into effect in January 2024 that no longer legally consider pets to be property. While custody of pets was previously settled as part of the division of property, under the new legislation, they are now defined as “companion animals,” with consideration given to the important role pets play in families.
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.
While Mavedati argued that he was the rightful owner of Stella since he purchased her, Bayat provided as evidence an e-transfer receipt showing she had paid for half of the cost, as well as receipts showing she had put money towards the dog’s care and had even created an Instagram page for the pet.
Bayat also claimed Mavedati, a veterinarian who works at clinics in Langley and Vancouver, had been cruel to the dog by not getting Stella medical care in a timely manner. Nielsen stated that there was insufficient evidence to support that opinion, however.
In his ruling, Nielsen noted that both parties clearly loved Stella and had spent a considerable amount of money in legal fees and applications in their dog’s best interest.
“The recent amendments to the Family Law Act essentially put the ownership of a companion animal, such as Stella, in the context of something that goes beyond ownership of a chattel,” Nielsen stated in his ruling. “The sentience of the animal is recognized to the extent that the criteria reflect.”
The full judgment is available online here: https://www.bccourts.ca/jdb-txt/sc/24/06/2024BCSC0619.htm
Have questions about family law? Get in touch with us today.