Are you trying to sort out arrangements for your pet after separating from your partner?

The law in BC has recently changed to better reflect the reality that pets are more than property and have a special place in family relationships. The Family Law Act now includes specific guidance on how issues like who will care for the animal are handled when couples separate.

Reaching your own agreement about your pet

Many separating parties choose to negotiate their own written agreements about their pets. These can outline who the animal will live with, how decisions about care and costs will be made, and what happens if either party’s circumstances change. If you and your former partner have attempted negotiations but have been unable to reach an agreement, mediation can be a useful option. Mediation allows you to discuss practical arrangements in a less formal setting to create a plan that best fits your circumstances and your pet’s welfare.

How judges look at pet disputes

Regardless of the approach taken, an assessment of the legal issues and relevant facts should take into account how a judge would evaluate them in court. This helps to determine the strength of one party’s legal position compared to the other’s. It is important to note that a judge cannot order shared ownership of a pet unless the parties already have a formal agreement that provides for sharing the animal. The law allows a shared arrangement to be enforced—but not created—by the court. This means that, unless the parties agree to continue sharing the animal, the court will have to decide who the animal will live with.

Key factors the court considers

A judge will make a decision considering the list of factors set out in the Family Law Act that relate to the animal’s well-being and each party’s ability to care for it. Those factors can include:

• who has been primarily responsible for feeding, walking, grooming, and taking the pet to the vet;
• who has paid for those costs;
• the type of housing each party has and whether pets are allowed there; and
• any risk of harm or neglect.

What these changes mean for you

The changes in BC family law mark a more thoughtful approach to companion animals. The focus has shifted toward cooperation, practicality and the needs of the animal, rather than treating the issue as a typical property dispute. You can work with an experienced family lawyer at Waterview Law to understand how the law applies to your situation to develop a clear plan, whether your goal is to share care of your pet or have them with you full time. Contact us to arrange for a free consultation.