Who gets Rover after a breakup? Changes to B.C. family law aim to help courts decide pet custody

British Columbia Attorney General Niki Sharma says the often difficult issue of pet custody for families going through breakups could be easier to navigate with family law changes that took effect Monday.

She says the changes aim to improve the process for determining ownership of pets after a separation or divorce.

Previously, Sharma says pet ownership issues following a breakup were similar to those used by the courts to determine how property is divided.

Instead, the courts will now consider a person's ability and willingness to care for an animal, relationships between a child and an animal and risks of animal cruelty to help determine pet ownership.

Sharma introduced the amendments to the B.C. Family Law Act last spring to ensure the important role pets play in families will now be considered and to provide more guidance for people and judges.

Sharma says the government has also launched a public consultation until March 31 where people are encouraged to share how family law can improve in the areas of health, safety and the well-being of children.

In a statement, Premier David Eby said that pets are an important part of any family, and the changes allow a child's relationship with a pet to be considered during family law proceedings.

"Going through separation or divorce is already difficult for couples and children. Our justice system should be there to help, not make it harder," he said. "By making these reforms with input from people in B.C., we hope to make an already difficult time a bit less stressful for everyone involved."

Animal lawyer hails changes

Victoria Shroff, a Vancouver-based lawyer specializing in animal rights, said B.C. set a precedent with the implementation of the family law changes, calling it a "banner day for families."

"We're recognizing in the law that families come in all different sizes, shapes and species," she told Amy Bell, guest host of CBC's On The Coast.

Shroff said she saw a spike in pet custody cases during the pandemic as more people took to pet ownership, saying calls to her office went up precipitously in the years that followed.

"If a couple cannot figure out how to broker a private agreement, a settlement agreement for what can happen with the family dog or cat, then they can head into court knowing that there's more tools in the hands of judges," she said.

Shroff said the new legislation aims to clarify the pet custody process, and encourages early settlements before family law proceedings reach the courtroom.

In response to concerns that courts could now be flooded with animal custody cases, Shroff argued that courts already see messy battles over items like cars, jewelry and houses.

"Animals are sentient beings and they're part of our families," she said. "They are beyond property to most of us. And so if we can fight over property, then I think we sure as heck can fight over animals."