Pet Custody and Companion Animals in BC

Pets Are Family, and BC Law Now Says More About Them

People search for "pet custody in BC" because that is how it feels: the dog or cat is family, and separation puts them in the middle. The Family Law Act does not use the word custody. It calls pets companion animals, and it now contains its own rules about who keeps them when spouses separate, what a judge must weigh, and what a judge is not allowed to order. Those last words matter, because the one thing many separating couples want, sharing the pet, is something only an agreement can deliver.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. We help clients settle pet arrangements by agreement first, and we act in companion animal disputes when settlement is not possible.

What Counts as a Companion Animal

Under section 1 of the Family Law Act, a companion animal is an animal kept primarily for the purpose of companionship. Section 3.1 then carves out what is not a companion animal: a guide dog or service dog within the meaning of the Guide Dog and Service Dog Act, an animal kept as part of a business, and an animal kept for agricultural purposes. So the family dog is covered; the working herd is not.

These rules sit in the property division part of the Act, which applies to spouses. You are a spouse for that part if you are married, or if you have lived with your partner in a marriage-like relationship for a continuous period of at least 2 years (s. 3(1)).

Agreements Come First, and They Can Do More

Here is the feature of the law most people miss. Under section 92 of the Family Law Act, spouses may make agreements about the division of property, including agreements to jointly own a companion animal, to share possession of a companion animal, or to give exclusive ownership or possession to one spouse (s. 92(e) to (g)).

Compare that with what a court can do. An order respecting a companion animal must not declare that the spouses jointly own the animal or require them to share possession of it (s. 97(4.2)). In plain terms, a judge picks one home for the pet. Only the two of you, by agreement, can build a week-on, week-off arrangement, a schedule around work travel, or shared responsibility for food and vet bills.

That is why we push negotiation first. A pet clause can live inside a broader separation agreement, and mediation is often the fastest way to get there when the two of you are stuck. If you want to know what working with us costs before you call, our pricing and fees page lays it out.

What a Judge Must Consider if You Cannot Agree

If there is no agreement, the Supreme Court of British Columbia can decide. It can declare who owns, or has the right of possession of, a companion animal (s. 97(2)(a)). In deciding, the court must consider the factors in section 97(4.1):

• the circumstances in which the companion animal was acquired;
• the extent to which each spouse cared for the companion animal;
• any history of family violence;
• the risk of family violence;
• a spouse's cruelty, or threat of cruelty, toward an animal;
• the relationship that a child has with the companion animal;
• the willingness and ability of each spouse to care for the basic needs of the companion animal;
• any other circumstances the court considers relevant.

Notice what that list rewards: day-to-day care, the child's bond with the pet, and safety. Who paid for the animal is a factor, but it is one factor among eight, not the whole answer. Notice also what the Act permits the court to reach: even if the pet would otherwise be excluded property, for example an animal one spouse brought into the relationship, the court can still make an order about it (s. 97(4)(b)). The unequal division and excluded property rules that govern the rest of a property case do not apply to companion animal orders (s. 97(4.3)).

For a deeper walk through the law and how it plays out, read our post on pet custody in family law in BC. For how pets fit into the bigger picture of dividing what you own, see our property division services.

Frequently Asked Questions

Can a Judge Order Shared Custody of a Pet in BC?

No. A court order about a companion animal must not declare joint ownership or require the spouses to share possession (s. 97(4.2)). A judge decides which spouse keeps the animal. Sharing is only available by agreement, which is exactly what section 92 allows spouses to do, and it is a strong reason to negotiate before anyone files.

Does It Matter Who Bought the Pet?

It is relevant, but it does not decide the case. The circumstances in which the animal was acquired are the first factor on the list, and the extent to which each spouse cared for the animal, the child's relationship with the pet, and each spouse's willingness and ability to meet the animal's basic needs all sit beside it. A spouse who did the feeding, walking, and vet runs has real things to point to.

What if There Was Family Violence or Cruelty to the Animal?

The court must consider any history of family violence, the risk of family violence, and a spouse's cruelty or threat of cruelty toward an animal (s. 97(4.1)(c) to (e)). If safety is part of your situation, tell your lawyer early, and see our family violence services for the protections available beyond the pet issue.

What Should Go Into a Pet Agreement?

Section 92 lets spouses agree on joint ownership, shared possession, or exclusive ownership or possession. Within that frame, couples commonly work out where the animal lives, a schedule if possession is shared, and how costs and decisions are handled. Putting it in writing inside a separation agreement makes the arrangement clear and durable.

Talk to a Surrey Family Lawyer About Your Pet

If you are separating in British Columbia and worried about who keeps the dog or cat, get advice before positions harden. The first 30 minutes are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey.

Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.