Pets no longer considered property in B.C. separation, divorce proceedings
By Lisa Steacy
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VANCOUVER, B.C. (CTV Network) — The way British Columbia courts decide who gets to keep a family pet after a separation or divorce is changing Monday, as amendments to the province’s Family Law Act come into effect.
Until now the question of so-called pet custody was settled as part of the division of property. But a new section of the legislation on “companion animals” changes that.
The move is being described as a welcome one by B.C. animal law lawyer V. Victoria Shroff.
“Pets are unique members of our families, not inanimate property like furniture, and our family laws now reflect this. B.C.’s taken the lead in Canada when it comes to deciding ‘who gets the pet’ when a couple splits up,” she said in a news release.
“This first-of-its-kind legislation helps provide clarity to these difficult situations for B.C. families.”
The legislation now provides a list of factors that must be considered when deciding the fate of a family pet.
Those factors are, according to the legislation:
– 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.
In addition, the court is not allowed to make an order that awards what amounts to joint custody by declaring that a couple co-owns the animal or a must share possession of the animal.
Spouses 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. Its in cases where the couple cant agree, that the courts will step in and rely on the new considerations. The changes don’t apply to guide dogs or agricultural livestock.
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