Pets in Family Law

A common issue that arises in cases is related to pets in family law. Specifically, how pets (like dogs and cats) are treated after a family breakup.

In the context of family law in Ontario, pets are considered property and often the party who purchased the pet, is the owner of the pet. This can cause issues in family law matters as many people are very devoted to their pets and do not want to treat them as property.

Some international jurisdictions, such as Alaska, are now empowering family law judges to take into account the well being of the animal in disputes that involve non-human family members. There was also a recent decision from the Small Claims Court in Nova Scotia that used a more nuanced approach to this pet issue. Despite the fact that one party purchased both of the parties’ dogs, the judge in that case awarded one dog to each of the parties.

These decisions are largely a departure from the current property laws in Ontario. Many judges in Ontario have indicated that pets are not children and disputes cannot be resolved on the best interests of the pet.

Parties may of course agree to an access schedule for pets in the event of a separation.

For more information please contact the experienced family law lawyers at Krol & Krol by calling 905.707.3370.