British Columbia Law

Is your Pooch considered property?

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

In a BC family separation, a pet was historically considered property — and courts applied standard asset-division rules.

If a dog was owned by one spouse before the marriage began, it could be deemed excluded property under the Family Law Act and ordered back to its original owner, regardless of factors like which spouse walked and fed the dog every day, or how attached the children were to the animal.

This approach treated beloved family members like furniture, and it left many families frustrated by outcomes that felt completely disconnected from reality.

But in January 2024, British Columbia made a groundbreaking change that set it apart from most other Canadian provinces.

BC's 2024 Amendment: Companion Animals Get Their Own Law

A new amendment to the BC Family Law Act (FLA) created specific legislation for "companion animals" — removing pets from the general property division rules and establishing a new framework that allows courts to consider what is genuinely best for the animal and the family.

Under the new provisions:

• Courts can consider the animal's well-being when deciding who gets the pet
• The history of each spouse's care of the animal is relevant
• The court can order one spouse to have exclusive ownership of the pet, or exclusive possession (the right to live with the pet) while ownership is shared
• Unlike other property, the court is not required to apply a strict 50/50 division
• Violence or cruelty toward the animal — or threats of it — can be considered in the decision

This is a significant departure from how property division normally works in BC. For most family property, the starting point under Part 5 of the FLA is equal division. For companion animals, the court has the flexibility to look at the full picture of the animal's life and the family's circumstances.

Which Courts Have Jurisdiction?

One of the most practical improvements in the 2024 amendment is that it gives both Provincial Court and BC Supreme Court jurisdiction over companion animal matters. Previously, some companion animal disputes could only be resolved in Supreme Court (which is more expensive and slower). Now, families can resolve pet-related disputes in Provincial Court — which is more accessible, faster, and less expensive.

This matters especially for:

• Common-law couples who don't need a divorce order (which requires Supreme Court)
• Families without significant other assets who don't need a full Supreme Court property proceeding
• Families who want access to Justice Counsellors — free, trained mediators available at BC courthouses who can help couples reach agreements about pet possession without a hearing

What the Courts Actually Look At

If your pet custody dispute ends up before a judge, the court will consider factors including:

• Who primarily cared for the animal (feeding, vet appointments, grooming, training, exercise)
• Who is the registered owner with the vet and licensing authority
• Which home provides a better environment for the animal's needs
• Whether children are bonded with the pet, and which parent has primary care of the children
• Any history of abuse or cruelty toward the animal
• The financial ability of each spouse to provide appropriate care

The Practical Reality: Most Cases Settle

As one excellent cartoon by I. Rice sums it up perfectly: "Who owns who is not in dispute from the cat's point of view." Pets, unlike most property, have their own needs and feelings — and most separating couples, despite their conflict, recognize this.

The vast majority of pet custody disputes are best resolved through negotiation or mediation, not court proceedings. A mediated agreement can address practical questions like:

• Which spouse has primary possession of the pet
• Whether the pet accompanies the children on parenting time (so the children and pet are not separated)
• Shared vet costs and emergency care decisions
• What happens to the pet if one spouse moves to a pet-free home

We Can Help

If you are navigating pet custody as part of a family separation in BC, Sea to Sky Law™ can help you understand your rights under the 2024 FLA amendments and find a practical solution that works for your family — and for your animal. Contact Andrew Liggett BA JD CD for advice that is as practical as it is legally sound.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.