Pet Ownership Unleashed: How the Family Law Act Amendments Will Impact Pets

[ Photo by Jamie Street on Unsplash ]

What happens to the family pet when spouses break up?

With more couples raising pets than ever before, the Government of BC sought to address this question. As of January 15, 2024, changes to the Family Law Act have clarified how courts will decide which spouse gets to keep their furry friend.

Courts are now instructed to consider a list of factors when deciding who gets to keep the family pet. These factors include:

• The circumstances in which the pet was acquired;
• The extent to which each spouse cared for the pet;
• Any risk of family violence or cruelty to the pet; and
• The relationship that a child has with the pet.

The Family Law Act only applies to “companion animals” (pets that are raised primarily for companionship). This does not include guide and service dogs, animals kept as part of a business, and animals kept for agricultural purposes.

It is important to note that the courts cannot decide that a pet will be shared or jointly owned. Instead, they will use the factors above to determine who will receive sole possession of the pet. Spouses may, however, make an agreement to jointly own or share possession of an animal if they wish.

If you have questions about what this might mean for you, do not hesitate to contact Savina Sohi of Waterstone’s experienced Family Law Group.