Pets are family — but BC law classifies them as property. Here is how pet custody works after the 2024 Family Law Act amendment and how to reach agreement.
For many BC families, a pet is as much a family member as any other. So when a relationship ends, the question of who keeps the dog — or the cat, or the horse — becomes deeply emotional. This area of law is evolving, and BC's approach is one of the most progressive in Canada.
The legal status of pets in BC
Under current BC law, pets are classified as property. This means:
• A pet is treated like a piece of furniture or a vehicle for the purposes of family property division
• Courts apply property division rules to determine who owns the pet
• Unlike children, there is no "best interests of the pet" legal test in most Canadian courts
• Courts generally do not order shared custody arrangements for pets (though parties can agree to these)
However, BC courts have shown increasing willingness to consider practical and emotional factors when deciding pet disputes, and BC's Family Law Act does allow courts to consider the circumstances of the property when dividing it.
How courts decide pet disputes in BC
When a pet dispute goes to court, judges typically consider:
• Who owned the pet before the relationship? If one partner had the pet before the relationship began, it may be excluded from family property.
• Whose name is the pet registered in? Vet records, licensing, and microchip registration can establish an ownership trail.
• Who was the primary caregiver? Who walked the dog, took it to the vet, bought its food, and provided daily care?
• Who can provide the better living situation? Who has a yard, a pet-friendly home, or a lifestyle better suited to the animal's needs?
• Were there children who are attached to the pet? Courts increasingly recognize that separating children from a family pet creates additional harm.
The evolution of Canadian pet law
In 2021, the Supreme Court of Canada declined to create a formal "best interests of the animal" test, leaving the property framework in place federally. However, lower courts across Canada — including in BC — have been creative:
• Some judges have made orders for shared "access" to a pet (similar to parenting time)
• Some orders have included provisions for who pays vet bills
• BC's Family Law Act gives courts flexibility in dividing property in ways that are "just and equitable," which has been used to consider a pet's actual circumstances
This is an area of law that is changing quickly. Courts are not required to treat a beloved family dog the same way they treat a dining room table.
What if we bought the pet together?
If the pet was acquired during the relationship — both names on the adoption records, both paying for its care — it is presumptively joint family property. Division of joint family property must be equal unless one party can show a reason for unequal division.
In practice, most pet disputes are resolved outside of court through:
• Negotiation between the parties
• Mediation
• An agreement that awards the pet to one party in exchange for something else (a financial concession, shared access, agreement on vet costs)
Practical agreements that work
You and your former partner can create a pet agreement as part of your separation agreement. This can include:
• Who the pet lives with primarily
• Whether the other partner has agreed "access time" with the pet
• How vet bills and food costs are shared
• Who makes decisions about the pet's care and medical treatment
• What happens to the pet if the primary custodian can no longer care for it
A pet agreement included in a separation agreement is legally binding and enforceable in BC courts.
Children and pets
When children are deeply attached to a family pet, many separation agreements include a clause that the pet lives with whichever parent has the children. This keeps siblings — human and animal — together and recognizes the emotional support pets provide to children during a difficult transition.
This approach is practically sensible and increasingly common in BC separation agreements.
How to protect your pet during separation
1. Document your care: Keep photos, vet records, and receipts showing your involvement with the pet. This evidence matters.
2. Avoid drastic unilateral action: Do not "take" the pet and refuse to let the other party see it. Courts look unfavorably on this.
3. Think about your pet's wellbeing: Which living situation is genuinely better for the animal? A cooperative solution that prioritizes the pet's needs tends to hold up better long-term.
4. Get legal advice early: If you believe your pet is at risk or you are unable to reach agreement, consult a family lawyer before the situation escalates.
BC is ahead of most provinces
Several other Canadian provinces have passed or proposed legislation that would allow courts to specifically consider an animal's wellbeing when dividing family property. BC courts have already shown flexibility in doing so within the existing framework. If you have a pet dispute in your separation, BC is one of the best places in Canada to have that dispute resolved fairly.
At Sea to Sky Law™
Andrew Liggett has handled family law matters across BC for over 35 years, including the increasingly common question of what happens to a family pet in a separation. Whether through a separation agreement, mediation, or court if necessary, we help families find solutions that work — for every member of the family.
If you are separating and have questions about your pet, contact us for a free intake call. We will explain your rights and help you find a fair resolution.
This article is for general information only and does not constitute legal advice.
In BC, pets are legally classified as personal property under the Family Law Act — not family members. This means pet disputes are resolved using the same property division framework as other assets. Courts look at who owned the pet before the relationship (excluded property), who primarily cared for it during the relationship, and practical factors like living arrangements. There is no automatic right to shared pet custody.
BC courts can and sometimes do order shared arrangements for pets, particularly when both parties have a strong attachment. However, courts approach this cautiously — pet disputes can be disproportionately expensive to litigate. Mediation or a negotiated agreement is almost always a better, faster, and cheaper way to resolve pet disputes.
Yes. If one person purchased the pet before the relationship began, it may qualify as excluded property — and that person may have a stronger claim to keep the pet. If the pet was acquired during the relationship, it is family property subject to equal division. However, courts may consider practical factors beyond purchase price, including who primarily cared for the animal.
If you cannot agree, mediation is strongly recommended before going to court. Pet disputes in court are expensive, emotionally draining, and unpredictable. A mediator can help you reach a practical arrangement — whether that means one person keeps the pet with the other having scheduled time, or the pet is assigned to the person better positioned to care for it. A negotiated solution is almost always better than a court imposed one.