Worried About Losing a Family Pet in Your Divorce?

If you’re going through a divorce and are worried about never being able to see your beloved pet again, you’re not alone.

For many people, pets are like children to them. The thought of losing “custody” of Fido or Fluffy keeps them awake at night. Read on to learn how Ontario courts determine who gets to keep pets after a divorce.

How Does the Law View Pets?

Firstly, it’s important to understand how Ontario’s divorce courts view pets. The answer will probably anger you if you’re an animal lover – provincial law treats pets the same way it would a big screen TV, as a possession.

Ontario divorce courts do not equate pets with human children. So, if you’re hoping for a judge to rule who gets custody of your black Lab, prepare to be disappointed.

Property Equalization

Since pets are considered property, it’s possible that the court will rule about who will ultimately own them.

In 2007, an Ontario judge heard the case of Irina Grimalyuk and Rui Concelos. Ms. Grimalyuk sought ownership of the couple’s two dogs and a cat. Even though Mr. Concelos legally owned them, the judge granted Ms. Grimalyuk’s request because they lived with her and she took care of them.

Unwilling Courts

Because animals don’t have the same legal standing as human children, some judges aren’t willing to take cases involving splitting “custody” for pets.

The case of Warnica v. Gering is an excellent example. In 2005, Christopher Warnica and Allison Gering came before an Ontario court to settle the matter of custody of their dog Tuxedo. The judge dismissed the case because he believed it was a waste of the court’s resources. He added in his judgement that he didn’t see it as the job of the court to decide custody of pets when a marriage dissolves.

Fine & Associates: Your Divorce Law Experts

Are you going through a divorce and worried about losing ownership of your family’s pet? Contact Fine & Associates today by clicking here or calling us at 647-496-2860. Our dedicated and experienced team of divorce law experts are here to help you through this difficult time.