The way family pets are treated during divorce or separation in British Columbia is undergoing significant changes, leading to the evolution of “pet custody” within family law.
Pet custody in BC family law refers to the legal arrangements for the care and ownership of pets in the context of a divorce or separation. Traditionally, pets were considered as property in family law and were treated as such in the division of assets. However, recent changes to the Family Law Act have recognized the importance of pets as sentient beings with emotional attachments and have given courts the power to consider the best interests of the pet when making custody arrangements.
This amendment to Canadian law was instituted this past March as the Family Law Amendment Act, 2023
Under the new law, pet custody can be determined by agreement between the parties or by court order. The court may consider a variety of factors in determining the best interests of the pet, such as who is the primary caregiver, who has the financial means to care for the pet, and the pet’s attachment to each party. Custody arrangements can include shared custody, sole custody, or visitation rights.
While the changes to the law have given more weight to the well-being of pets in custody arrangements, the law still recognizes that pets are property and not humans. As such, pet custody disputes are resolved under property law principles, and the court’s primary concern remains the equitable division of assets.
If you’re concerned about what will happen to your pet during a divorce or separation, you can get in touch with the family lawyers here at Dhanu Dhaliwal Law Group.
