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In a significant ruling, the Supreme Court of British Columbia has awarded custody of a pet in a divorce for the first time since the recent updates to the province’s Family Law. These revisions, which took effect last year, recognize pets as family members rather than mere possessions, emphasizing their wellbeing in custody decisions.
The case involved a couple with a young child and a dog named Toba. Initially, both parties shared custody of Toba, exchanging her weekly on Fridays. However, complications arose when their daughter began attending daycare, making the established handover schedule unworkable. The court documents revealed that, despite the wife’s attempts to communicate and propose alternative arrangements, the husband was unresponsive.
As a result, Toba remained with the wife, where she has lived for the past several years. Justice Maegen M. Giltrow, overseeing the case, ruled that according to the updated B.C. Family Law, judges cannot award joint ownership or mandate shared possession of a pet unless there is a pre-existing agreement between the parties, favoring the wife in this instance.
According to animal lawyer V. Victoria Shroff, the law stipulates that when a couple petitions for shared custody, the court’s involvement is limited to situations where prior arrangements exist. “Otherwise, the court must not order shared access or shared possession of a companion animal,” she noted.
Legal experts believe that these changes to B.C. Family Law concerning pet custody not only make a strong statement locally but also set a potential precedent across Canada, reflecting a broader shift in societal attitudes toward the role of pets within families.
Source
globalnews.ca