Paws and Clauses: What Happens to Fur-Babies Under BC Family Law?
When couples separate, dividing assets is rarely easy. But for pet parents, the most emotionally charged question often is: Who keeps the family pet?
British Columbia has modernized its Family Law Act (FLA) [section 1]. The law now contains specific rules for separating spouses and their beloved pets, which the legislation legally terms “companion animals.”
Here is what you need to know about how BC courts handle pet custody.
What Qualifies as a "Companion Animal"?
Under Section 1 of the FLA, a companion animal is defined as an animal kept primarily for companionship. However, not every household animal fits this definition.
According to Section 3.1, the following are strictly excluded from being companion animals:
- Service animals: Guide dogs or service dogs under the Guide Dog and Service Dog Act;
- Business assets: Animals kept primarily for business or commercial purposes; and
- Agricultural animals: Livestock or animals kept for farming purposes.
Post-Separation: Who Keeps the Pet?
As with any family dispute, the best option is self-resolution. Spouses are always encouraged to negotiate a mutual agreement out of court.
If negotiations fail, either party can apply for a court order through the Provincial Court of BC or the Supreme Court of BC. The court will then determine which spouse receives sole ownership of the animal.
How the Court Decides: the 8 unexhaustive factors
Under Section 97(4.1) of the Family Law Act, judges must evaluate specific criteria to determine who gets the pet. The court will examine:
- Acquisition: The circumstances in which the animal was bought or adopted.
- Care history: The extent to which each spouse looked after the animal during the relationship.
- Family violence history: Any past incidents or presence of domestic violence.
- Future risk: Any ongoing risk of family violence.
- Animal cruelty: Any history or threats or acts of animal cruelty by either spouse.
- Child relationships: The bond between any children of the marriage and the pet.
- Basic needs: The willingness and capability of each spouse to provide proper care.
- Other context: Any other circumstances the court deems relevant (e.g., emotional support status).
The Ultimate Catch: No More "Joint Custody"
There is one critical rule that many pet owners overlook: Section 97(4.2) explicitly states that the court cannot grant joint ownership or order shared possession.
Unlike child custody, where co-parenting schedules are common, the court must pick a winner. A judge cannot order a "one-month-on, one-month-off" schedule. The court must award the companion animal to one party.
Reach out to the team at Northpoint Legal LLP for further guidance on how to navigate this and other Family Law related issues today.