As if a divorce or separation isn’t difficult enough. Now the question of who gets to keep Fluffy or Fido after a breakup will be treated as people instead of property under changes to BC’s Family Law Act.Starting Monday, pets will be considered as family members under a new section of the legislation addressing ‘companion animals’ and custody considerations similar to those for children and dependent minors..“These amendments reflect how pets are valued as unique family members by society rather than as inanimate property like furniture,” V. Victoria Shroff, animal law specialist at Shroff and Associates.The act will take into account factors such as each person’s ability and willingness to care for the animal and the relationship a child has with it, as well as if there is a risk of family violence, threat of cruelty to an animal, among other considerations.As with children, spouses are still encouraged to make their own custody arrangements with options for joint, sharing or exclusive ownership. In cases where agreement can’t be reached the courts will impose the new guidelines.Livestock animals and guide dogs are not covered by the changes. The changes are believed to be the first of their kind in Canada, if not the Commonwealth..“The initial changes also recognize that pets are an important part of the family and allow a child’s relationship with a pet to be considered and respected. By making these reforms with input from people in BC, we hope to make an already difficult time a bit less stressful for everyone involved,” Premier David Eby said in a release.The province said the changes were informed by public feedback and were welcomed by animal rights advocates.“These amendments reflect how pets are valued as unique family members by society rather than as inanimate property like furniture,” said V. Victoria Shroff, animal law specialist at Shroff and Associates. “Having relevant factors to consider for these difficult decisions will bring more clarity and is a welcome change.”
