When couples separate or divorce, the division of assets and responsibilities is often one of the most challenging parts of the process. While property, parenting time, and support are commonly addressed in family law, a new issue has been gaining attention in courtrooms across the province: pet custody.
Are Pets “Property” Under Ontario Law?
Under Ontario’s Family Law Act, pets are legally classified as chattel or personal property, much like a car or a piece of furniture. This means that, in theory, the court could award a pet to one spouse without considering emotional bonds or the pet’s well-being.
But for many of us, our pets are family.
This gap between the law and how people truly feel about their animals has led to an increase in litigation and disputes over who gets to keep the family dog, cat, or other pets after separation.
A Shift in Perspective: Recent Court Cases
Recent Ontario case law shows a growing awareness of the complex emotional issues tied to pet ownership. In some cases, judges have begun to consider who primarily cared for the pet, who paid for veterinary bills, and who has the strongest emotional bond. This trend moves towards a more nuanced, “best interests” approach (though not officially recognized like it is with children).
For example, in Coates v Dickson 2021 ONSC 992, the court declined to make an order for shared custody of two dogs, emphasizing that courts are not equipped to make parenting-style decisions for animals. However, the court did acknowledge the emotional attachment both parties had and considered the practicality and welfare of the dogs in making a final decision.
Should You Include Your Pet in a Separation Agreement?
Absolutely. If you and your former partner both love your pet and want to avoid a stressful and expensive court battle, it’s wise to include a “pet custody” clause in your separation agreement. This can cover:
- Who the pet lives with
- Visitation or shared custody arrangements
- How expenses are shared
- Who makes decisions about veterinary care
Having these terms in writing helps reduce future conflict and ensures your pet continues to receive consistent care.
Tips for Pet Custody Negotiations
- Put the pet first: Consider what environment is best for the animal, not just what you want.
- Stay flexible: Shared time or visitation may work better than a strict “winner takes all” approach.
- Document contributions: Keep records of vet bills, registrations, or time spent caring for the pet.
- Work with a lawyer: A family lawyer can help draft a fair and enforceable agreement.
As pets continue to play an increasingly central role in our families, the legal system is slowly evolving to reflect this reality. While the law still views pets as property, courts and lawyers are recognizing the emotional complexities involved in pet disputes.
If you’re going through a separation and a beloved animal is part of your family, we can help you navigate this sensitive issue with compassion and clarity.
Contact Delaney’s Law Firm today to speak with an experienced family lawyer.
The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.