{"id":2541,"date":"2020-12-11T01:30:53","date_gmt":"2020-12-11T01:30:53","guid":{"rendered":"https:\/\/www.dreyerandassociates.ca\/?p=2541"},"modified":"2023-04-05T13:31:42","modified_gmt":"2023-04-05T20:31:42","slug":"pet-custody-after-a-divorce-or-breakup","status":"publish","type":"post","link":"https:\/\/www.dreyerandassociates.ca\/resources\/pet-custody-after-a-divorce-or-breakup\/","title":{"rendered":"Pet Custody After a Divorce or Breakup"},"content":{"rendered":"

Many pet owners view their companions as cherished members of the family. When facing a divorce, breakup, or separation, it comes as no surprise then that the issue of pet custody remains an important topic for those involved. While pet owners may consider their pets as family, it\u2019s important to remember that the law sees them in a different way.<\/span><\/p>\n

Currently, in BC and across Canada, the law classifies pets as a variant of personal property, and as such, the approach to pet custody after a divorce or separation revolves around this framework.\u00a0<\/span><\/p>\n

In recent years, however, new thinking has begun to emerge to challenge this classification. A recent example of more progressive thinking for these types of matters can be seen in the 2017 case of <\/span>Brown v. Larochelle<\/span><\/a> in British Columbia.<\/span><\/p>\n

In this case, the dog was jointly-owned, however, the judge factored in both the law and the pet\u2019s best interests, which ended up awarding ownership of the animal to a single party. This is one instance that suggests society may be starting to think differently in its approach to pet custody by creating separation and distinction between personal property and sentient beings, and the corresponding rights that come with each.\u00a0<\/span><\/p>\n

Despite this direction, the laws in BC and Canada remain that pets are considered property and by law, they have no familial rights.<\/span><\/p>\n

Who Gets Pet Custody in a Divorce or Breakup?<\/span><\/h2>\n

Before addressing who gets custody of a pet in a divorce or breakup, it\u2019s important to remember that the law does not view pets in the same way it views child custody. In the earlier referenced instance of <\/span>Brown v. Larochelle<\/span><\/a>, the court confirmed these laws and added additional principles from the jurisprudence saying:<\/span><\/p>\n