FAMILY PETS DURING DIVORCE
Family law
11 Nov
When it comes to sharing custody of pets, it's like negotiating peace in a miniature Cold War. You have the dog who refuses to eat anything but your socks and the cat who thinks your face is a scratching post. The best approach?
Sit down, with some treats (for you and the pets) and figure it out like civilized beings. Avoid the courtroom drama because let's face it, the Judge isn't interested in your human squabbles.
In Ontario, the laws pertaining to pets and other personal property are not all that different. When deciding who will keep possession of a pet after a divorce. Pets are not given any special treatment because they are viewed as family property by Ontario's family law courts.
For a dog, navigating the drama of a divorce is like trying to understand quantum physics with a bone. They sniff out tension quicker than you can say "fetch," turning into amateur therapists with fur. One minute they are fetching your slippers with an empathetic look, the next they are hiding under the bed, contemplating their own version of canine existential crisis.
So, remember, when you are splitting assets, spare a thought for your furry mediator who just wants belly rubs and treats instead of front-row seats to human melodrama.
Pets going through a divorce might feel stressed and anxious, just like people do. Pets can experience depression, behave abnormally (e.g., alter feeding or sleeping patterns), or even start acting destructively. These behaviors are common.
If the couple owns several pets, the court will divide the pets, and each person will keep their own pet. But if there is only one pet, the court must grant custody to only one spouse. In this case, the court must decide whether to treat the pet as property, person, or both. Ontario law treats pets as property, like a piece of furniture, and the party who produces the receipt is considered the owner,
Ontario should adopt BC’s family law reforms dealing with family pets
Ontario should follow British Columbia’s lead and legislate a shift in how courts deal with animals in family law disputes…….. According to new amendments to BC’s Family Law Act, in divorce and separation proceedings, pets have been upgraded from mere property and reclassified as “companion animals.”
Courts will now assess the pets’ best interests when deciding with whom the animal will live. Courts will also consider who has historically cared for the pet and its relationship with children.
"Ah, the dramatic world of legal disputes over pets — where fluffy becomes the ultimate bargaining chip! It's like a bizarre episode of 'Law & Order: Paw Enforcement.' Picture this: in one corner, you've got an ex with a grudge deeper than the Mariana Trench. In the other corner, a bewildered judge trying to decide if the dog should get visitation rights or just a nice doggy treat. Because, you know, 'pets are different from furniture in a number of ways.' I mean, you can't just throw a slipcover over a dog and call it a day, can you? Though, let's be honest, that would make for one stylish sofa."
On a serious note – dogs provide companionship and support. A bond exists between the animal and the family. The pet can comfort children enduring separation and divorce. Ontario should take “a more caring and compassionate approach” when dealing with pets.
Hopefully, other provinces will follow with copycat legislation because BC’s changes reflect a societal understanding of pet relationships and because the case law is trending in that direction. “This is going to have a ripple effect across the country.”
"If there is political will, it makes sense that new legislation will follow because these provisions are already tracking common law elements from previous pet custody cases in various parts of Canada.
It will be a good idea for Ontario to adopt it because it's going to help provide clarity to all those people who are dissatisfied with the way things are now. Agree?