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British Columbia's Clever Potential Pet-Custody Solve

  • Julia Fogarty
  • Mar 19
  • 2 min read

In the past, much like in Ontario, pets were treated like property in BC law. This meant that when a couple separated or divorced, the court would decide who got the pet in the same way that it would decide who got the house or the car.


The BC government has proposed changes to their Family Law Act, which if passed, would recognize that pets are more than just property. They are beloved members of our families. The changes will treat pets more like children in the eyes of the law. Something many families here in Ontario have been asking for for a very long time.


Under the new laws, courts will be required to consider the best interests of the pet when deciding who gets custody. This means that the court will look at factors such as:


  • Who bought the pet?

  • Who took care of the pet on a daily basis?

  • Is there a history of family violence?

  • Is there a risk of family violence?

  • Is either spouse cruel to animals?

  • Is either spouse able to provide for the pet's basic needs?

  • What is the relationship between the pet and any children of the family?

The court will also consider the wishes of the couple, if they can agree on who should get the pet. If they can't agree, the court will make a decision based on the best interests of the pet.


The new laws also allow couples to reach their own agreements on pet custody. They can choose to share custody of the pet, or they can give one person exclusive custody. If they can't agree on an arrangement, they can always apply to court for a formal pet custody order.


The new pet custody laws would be a welcome change for many BC pet owners. They will help to ensure that pets are treated fairly and that their best interests are considered when their families break up.



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