Pets and Separation

Living with a companion animal – or animals – is a common aspect of family life in Canada, but when it comes to family law disputes, pets are usually classified as property. In most cases, disputes over pet ownership are treated in a similar way to disputes over other property, such as furniture or vehicles. However, the rise of pet ownership has led to increasing awareness of the unique role pets play in family life and the potential emotional ties that can be disrupted if ownership is disputed. As a result, Canadian courts are gradually starting to take into account the best interests of the pet when making decisions about pet custody and ownership.

Historically, pets have been treated as property in Canadian courts, which means they are subject to the same rules as other assets in a divorce settlement. This means that pet ownership is usually determined by who purchased or adopted the pet, as well as who is responsible for its care and wellbeing. However, in recent years, some courts have begun to take a more nuanced approach to pet ownership and custody disputes. For example, in one case, a judge awarded joint custody of a dog to a divorcing couple, with the dog spending alternating weeks with each owner.

Part of the reason for this shift is that more and more Canadians consider pets to be members of their family rather than just property. Many couples who are going through a divorce or separation find themselves facing difficult decisions about who will keep the family pet, especially if both partners have a strong emotional attachment to the animal. This is best resolved by the parties negotiating or mediating a resolution that takes into account both the people’s emotions and the pet’s needs. Going to Court will rarely provide a tailored resolution that seems fair to both partners.

To address these issues, some Canadian jurisdictions, such as British Columbia, have begun to explicitly recognize the importance of pets in family law. In 2023, for example, the province amended its Family Law Act to allow judges to consider the best interests of the animal in cases where ownership is disputed. This means that judges can take into account a range of factors, such as who is best able to provide for the animal’s welfare and who has the strongest emotional bond with the pet.
Unfortunately, in Ontario the law has not (yet) advanced that far, and pets are still legally considered property that is not special in any way, Some judges may take a more nuanced approach to pet custody and ownership disputes, but generally it is best for the pets, and their families, to settle out of court.