11 Jan Navigating the Paw-sibilities of Pet Custody

Pet Parenting Laws

Beginning January 15, 2024, the Courts in British Columbia may grant orders relating to pets in family law matters. Last year, the Family Law Act (British Columbia) was amended to address issues related to the ownership and custody of family pets, now referred to as “companion animals”. Until now, the law treated pets as family property as there was no requirement to consider the animal’s best interest when determining where a pet should reside.

The important changes to the legislation emphasize recognizing pets as more than just property. If a couple cannot agree as to who will keep the companion animal, the Court will now consider the following factors when making a decision:

1. 1. The circumstances in which the companion animal was acquired
   2. The extent to which each spouse cared for the companion animal
   3. Any history of family violence
   4. The risk of family violence
   5. A spouse’s cruelty, or threat of cruelty, toward an animal
   6. The relationship that a child has with the companion animal
   7. The willingness and ability of each spouse to care for the basic needs of the companion animal; and
   8. Any other circumstances the court considers relevant.

The changes to the legislation acknowledge the important roles pets play in our lives and now requires the court to consider the animal’s best interest when determining where he or she will live.

If you have any questions about pet parenting laws, the lawyers at YSM Family Law are happy to provide more information.