Most people consider pets part of the family, but the law says otherwise. Legal Aid Alberta lawyers Sheila Raffray and Chuck Easton explain.
Division of property and assets is an essential step in a divorce proceeding. Things can get more complicated when children and custody arrangements are involved. But what happens to pets?
Despite recent rulings elsewhere, in the eyes of the law in Alberta pets are considered property, not family. That means “pet custody” is not actually a thing in the same way children are.
Legal Aid Alberta lawyers Sheila Raffray and Chuck Easton help explain what happens to Muffin or Rover in a divorce, how to place a dollar amount to a priceless friend and why it’s often better for former partners to make their own arrangements rather than go to court.
Ask a Lawyer: All about pets and divorce
Pets are seen as members of the family. But how are they classified in a legal situation when we’re talking about divorce or separation?
Chuck Easton: This little girl, Muffin, is part of our family. But if we had to go to court, the court would view her as property. She’d be similar to your car or your house, and that’s how the court would make a decision regarding her.
If pets are considered property, how do you place a dollar value on them?
Easton: Muffin is priceless to me. So, how do I place a value on her? If you’re going to do that, you would have to research and figure out basically what her resale value is, just like the resale value of your used couch. If you cannot come to a decision, the court will decide.
“Muffin is priceless to me. So, how do I place a value on her?”
What if both sides can’t reach an agreement here? How does the process play out?
Sheila Raffray: Ultimately, if people cannot make a decision about who owns a pet or piece of property through separation, then it can fall to a judge to make that decision, and this is an evolving area of law across the country.
In some cases, the court is going to look at who has a better claim to ownership. Who did the research on adopting Muffin, or who paid for Muffin or made sure Muffin gets to the vet appointments?
Alternatively, the court might say you both have equal ownership. You both engaged in the research together. In which case, you both have entitlement. And Chuck, if you want to have a Muffin, you would have to pay out your share for the Muffin.
The worst-case scenario would be the court saying that if you cannot agree, Muffin is going to have to be sold and you are going to share the proceeds. That’s like any piece of property.
Easton: In that regard, there can’t be joint custody. The court cannot make a custody order regarding pets. But one of the things that can be done: doing what’s best for the children. In one of my files, the parents came to a very quick decision on the children, but they couldn’t make a decision on the dog.
What they realized and finally agreed to was the dog was more bonded to the kids than to either of them. So they decided that the dog would go where the kids were. When the kids were with mom, the dog was with mom. When the kids were with dad, the dog was with dad.
Does a judge take that into consideration if there are children that are part of the separation and divorce proceedings?
Raffray: Ultimately, the courts are making a decision about children. They are guided by making a decision that is in the best interests of the children. And so, while the court couldn’t require that the parents share custody of the pet, they could strongly encourage them to consider what is in the best interest of the children and their relationship with the pet.
Based on your experience and expertise, what is your advice to the adults in the room to avoid complications when it comes to pets at the court level?
Raffray: Our recommendation is to always try to resolve matters between yourselves or with the support of a professional without having to go to court and having a judge make that decision for you.
If you don’t want Muffin to be treated like a table, our recommendation is to not bring the issue of Muffin to the court. There are ways to do that through mediation and negotiation.
“If you don’t want Muffin to be treated like a table, our recommendation is to not bring the issue of Muffin to the court.”
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