Should Pets Be Treated Like Kids Under Canada Visitation Rights Law?

You can’t bear to think about starting over without the help of your furry best friend. During this divorce, you’re going to need everything they’ve got. Their unflappable loyalty, their silent understanding, and their unlimited affection. But should pets be treated like kids under Canada visitation rights law?

You feel like your ex-spouse is going to try to take your pet in the divorce. Either out of their fondness for the animal, or just out of simple spite. People like to hurt feelings during a divorce, and that is definitely one of the most exposed nerves.

So how are pets treated during the divorce? Are they treated like children, with the same visitation rights and procedures? No, not exactly.

Here’s how it breaks down.

Pets Have No Familial Rights

You may see them as a part of your family. Heck, you may like them more than you like your parents. But that doesn’t make your pets family in the eyes of the law.

This has been a hot topic for years, and late in 2016, a Saskatchewan judge ruled that dogs should not be treated like kids.

The CBC reported that The Court of Queen’s Bench Justice Richard Danyliuk found that, “Many dogs are treated as members of the family with whom they live. But after all is said and done, a dog is a dog.”

“At law it is property, a domesticated animal that is owned. At law it enjoys no familial rights.”

Decide Who Gets “Custody” or The Courts May Order the Pets Sold

The law in Canada still sees pets as property– as distasteful as that idea may be to many impassioned pet owners.

So, if an agreement can’t be reached, Justice Danyliuk reminded his warring parties that they needed to agree, or everyone would lose.

“Both parties should bear in mind that if the court cannot reach a decision on where the dogs go, it is open to the court under the legislation to order them sold and the proceeds split — something I am sure neither party wants.”

Mediation is the Best Path to Protecting Your Pets

Again, custody of the pets can be just as hotly contested as any custody battle for children. Both parties can feel they have a right to keep the pet. And, as mentioned above, pets can also be used as emotional leverage, or a way to hurt the other party.

Revenge has no part in a divorce settlement. So why not resolve to come to an agreement in the most civil way possible. And resolve to keep this battle out of the courts with divorce mediation.

Mediation or arbitration helps people resolve the issues arising from their separation and divorce in a manner which allows them to have more control over their divorce proceedings. It also keeps the important decisions in your hands, and out of a judge’s hands.

Protect What’s Important to You

You may be facing a divorce and the fear of losing massively personal things like a beloved pet, or family cottage. Be sure to work with a team that will work hard to protect what’s important to you.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

You can click here to contact us, or fill out the form on the right free private phone consultation. Or call us at the phone number at the top of the page.