FAMILY LAW PROTECTING PET CUSTODY RIGHTS IN DIVORCE CASES

Family law

01 May

In Ontario, Family Law encompasses a wide range of matters connected to the growth or dissolution of familial relationships. In relation to family law issues, the aim is to offer clearer insight into the procedures and legal principles surrounding pet custody.

Pets are legally regarded as personal or matrimonial property and are subject to equitable division under property law principles, as outlined in the Divorce Act and the Family Law Act. However, many pet owners view their animals as beloved family members rather than mere possessions.

Courts have frequently acknowledged the distinctive status of pets, recognizing that their worth often goes beyond the basic monetary cost of acquiring a similar animal. What truly sets these cases apart is the one-of-a-kind bond shared between a pet and its owner - something that cannot be substituted by simply obtaining another animal of the same kind.

In Ontario pets are considered to be personal/matrimonial property subject to equitable division according to property law principles and pursuant to the Divorce Act and the Family Law Act as most pet owners consider their pet to be a member of the family, not just another piece of property.

When deciding who should be granted ownership of a pet, a judge may take various elements into account. These considerations can include, but are not limited to, factors that reflect the nature of the relationship between each party and the animal, as well as who has primarily cared for and financially supported the pet.

Accordingly, the court's determination may rest upon the following factors:

1. Which party originally purchased the pet.

2. Was the pet given as a gift to one of the individuals.

3. Who took the lead in training the pet during its early development.

4. Who has been primarily responsible for the pet’s daily care and maintenance.

5. Who has covered the majority of pet-related expenses.

6. Does one party place significantly greater emotional value on the pet’s companionship.

7. To which individual does the pet appear to have a stronger attachment.

8. Does either party already have other similar animals, and thus already benefit from the companionship of other pets.

9. Is one party officially listed as the pet’s registered owner.

10. Is one party’s bond with the pet largely tied to their relationship with the other party.

11. Since the separation, who has been in possession of and providing care for the pet.

If the individuals are unable to reach a mutual agreement, and the matter is left for the court to resolve, each party faces the possibility that the judge may issue a ruling that removes them entirely from the pet’s life. For many pet owners, this is a chance they would rather not take.

Here’s how RRM Law can assist with pet ownership disputes by providing expert legal guidance on your rights under the Divorce Act and Family Law Act. Our experienced team helps clients navigate the complexities of pet custody by gathering key evidence, such as financial records and vet bills, to support your case.

Judges typically aim to provide a resolution that offers closure for both parties and reduces the chances of ongoing disputes. Given that pets are legally regarded as property, it is highly improbable that a court would grant shared or joint custody of a pet in the event of a legal dispute.

If you and your ex-partner both wish to stay involved in your pet’s life, it may be better to resolve the pet custody issue through mutual agreement, such as a Consent Order or Separation Agreement, rather than taking the matter to court where a judge might issue a final decision granting sole custody to one of you. This approach also provides the best opportunity for both parties to maintain some form of "ownership" of the pet.