March 6, 2024
As discussed in our previous blog post, in 2023/2024 there have been various changes to the B.C. Family Law Act. Schon Family Law strives to provide clients with the most current family law developments in order to provide the best legal advice and guidance. This blog is the first of a series describing the changes to the Family Law Act over the past year.
We all know that Fido is a family member, but up until recently, he was treated simply as property – no different than your Vitamix blender or a bank account. On January 15, 2024, changes to the B.C. Family Law Act came into effect. These changes concern what is defined in the Family Law Act as “companion animals.” Companion animals are those animals that people keep as pets and are not used for industry (such as farming) or service (such as a guide dog). These changes will assist people with determining ownership and possession of companion animals following a separation.
Previously the factors that determined who kept companion animals after separation were the same as those for dividing other types of property. The new changes recognize that living animals are distinct from other types of property and must be dealt with differently, including with consideration of the companion animal’s well-being.
Not only do these changes recognize the well-being of animals, but the changes are also children-focused and continue to put children’s best interests at the forefront. That is the court must consider the children’s relationship with pets when deciding who will have possession and ownership of the companion animal.
Families are of course still encouraged to resolve ownership of pets by settlement outside of court. If spouses agree on their own outside of court, they can agree to jointly own the pet, share possession of the pet, or give one spouse exclusive ownership or possession of the pet. However, if spouses cannot agree, they can ask the court to decide, and if the court does decide, only one person will be awarded possession or ownership.
In considering to whom they will grant ownership and possession of the companion animal, the B.C. Supreme Court must consider the following factors:
(a)the circumstances in which the companion animal was acquired;
(b)the extent to which each spouse cared for the companion animal;
(c)any history of family violence;
(d)the risk of family violence;
(e)a spouse’s cruelty, or threat of cruelty, toward an animal;
(f)the relationship that a child has with the companion animal;
(g)the willingness and ability of each spouse to care for the basic needs of the companion animal;
(h)any other circumstances the court considers relevant.
An order respecting a companion animal must not
(a)declare that the spouses jointly own the companion animal, or
(b)require the spouses to share possession of the companion animal.
Sections 95 [unequal division by order] and 96 [division of excluded property] do not apply to the making of an order respecting a companion animal.
These new changes mean that even if one spouse owned the animal before the relationship began, the court may not determine that the pet is that spouse’s excluded property. The court can award the pet to the other party after the condition of the above-listed factors, which the court cannot do with other types of property.
These changes will provide more clarity for families who are going through a separation and one of their family members has four legs.
NOT LEGAL ADVICE. Information made available on this website is for information purposes only and is not legal advice. Do not rely on this information, nor take or fail to take any action, based upon this information. Do not disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Contact me here to discuss any specific legal issues.
