Doggy Rights: Breakup, Divorce & Who Gets the Dog?

December 5, 2024

Family courts continue to adapt to changing social dynamics, leading to new policies that better address modern divorce disputes and settlements. This recognition has progressed even so far in acknowledging non-married couples' rights, like in the cases of common-law partners. With the emergence of these cases, the courts have also seen a rise in pet custody cases, particularly following the surge in pet adoptions during the COVID-19 pandemic.

The Lincoln Alexander School of Law at Toronto Metropolitan University (TMU) considered this reality with its legal clinic, Pro Bone-o Pet Dispute Clinic, founded by TMU law student Rebecca Field Jager. The clinic operates under the guidance of faculty members and volunteer family law lawyers, who offer free 30-minute consultations on legal advice for those fighting over pet custody. Clients can learn about their rights and the services available to determine who gets the pet.

The clinic envisions expanding by the end of the year, introducing new services like "PupNups," a play on "prenups," designed not only as mediative but also as a preventative measure.

The clinic also follows suit to changes made in Canadian jurisdictions recognizing pets as sentient beings with attachments to people, as opposed to property. On May 11, 2023, British Columbia altered legal reforms to the Family Law Act on how we see pets and stirred conversations around their treatment in settlement disputes. The amendments consider that raising a pet is a part of the family and usually takes more than one person in the effort. In consideration, the courts look at what is best for the pet and its well-being, its bond to the family, and who can attend to its needs.

This legal progress is an extraordinarily positive shift in understanding family and animal rights. For many people, pets are not seen as property and, therefore, should not be considered as such in the courts. They become essential members of our lives, develop strong emotional attachments, and teach us unconditional love. The changes in British Columbia law reflect a fairer representation of how we usually consider these animals. Although Ontario has yet to implement similar legal changes, it sets a precedent for understanding that our legal systems are constantly changing.