Until 2024, when couples separated in British Columbia, the determination of who would get custody of a beloved family pet was treated as a property division matter. However, in January 2024, the BC Government amended the Family Law Act (“FLA”). This amendment recognizes the emotional bond people have with what the FLA now refers to as “companion animals” and allows for a more nuanced approach for pet custody arrangements.
While pets are still technically considered property, the courts will now consider factors beyond just ownership when determining pet custody arrangements. The court will consider factors such as:
- Emotional bonds;
- The circumstances in which the animal was acquired;
- Caregiving responsibilities;
- The best interest of the pet; and
- Other circumstances the court may deem relevant.
Although the court will take these factors into consideration when making an order for ownership and possession of a companion animal, their order is limited to ownership and possession by one spouse only. The court cannot declare that spouses jointly own the companion animal or require spouses to share possession of the companion animal.
As a result, many couples may choose to negotiate their own shared pet custody arrangement outside of court.
This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of family law.