It’s common for cohabitating couples to bring a fur baby into their home to become a member of the family. The couple usually loves their pet and enjoy its company. If the couple ever breaks up, they usually both want to keep the pet. In those situations, it is up to the former couple to find a way to share the pet (“pet custody”) or they are stuck proving ownership of the pet in court.
Is it possible to share custody of a pet?
It is only possible to share “pet custody” after a separation if both people agree to it. The agreement to share time with the pet can be informal (verbal, text messages, emails, etc.) or it could be taken to the next level by putting it into a formal contract setting out who gets the pet and when, how any costs for the pet will be shared, and ground rules for sharing the pet with each other.
If there is not a mutual agreement on how to share the pet, the court will not be much help in Alberta. The Honourable Court will only let one person keep the pet and it is usually the person who can prove ownership of it. Anyone that is wondering how they could prove ownership of their pet should receive that advice from a lawyer.
Can I have visitations with a pet?
In Alberta, pets are property. The Honourable Court will not make visitation schedule or order shared custody of property. The pet will only be treated as property. To the court, the pet is like a toaster. Only one person can keep it. It’s not practical or an efficient use of the courts time and resources to try and share ownership of it, despite how much either of them love it or took great care of it.
In Alberta, the issue of “pet custody” has arisen time and time again without much luck. For example, the Honourable Justice M.H. Hollins in Schindle v Schindle, 2021 ABQB 99 (CanLII) denied access to a jointly purchased dog and ordered costs.
Recently, “pet custody†was a hot topic in British Columbia, where it was pitched to change legislation to humanize pets and to treat them like human children. The outcome of their efforts, if successful, would likely affect how pets are treated in Alberta and across Canada. However, the devil’s advocate has warned that it’s a slippery slope when humanizing property. “Pet custody†could leave the door open for a victim of family violence to be tied to their abuser indefinitely with the pet as a tool to do so.
To find out more or to learn your options to address pet custody in Alberta, connect with the Edmonton Family Network. The Edmonton Family Network was designed to be used as a resource to anyone dealing with a difficult family situation. The Edmonton Family Network aims to educate and connect people with exceptional and affordable service providers to assist with their situations as amicably as possible.
