When Couples Separate, Who Gets the Dog?
If you’re going through a separation in British Columbia and worried about who will keep your beloved pet, you’re not alone. For many couples, deciding who gets custody of the family dog or cat can be as emotionally difficult as any other aspect of divorce. BC recently became the first province in Canada to recognize that pets are more than just property—they’re family members who deserve special consideration.
BC’s Ground-breaking Companion Animal Laws
In January 2024, amendments to BC’s Family Law Act came into force, fundamentally changing how courts handle pet custody disputes. Under the new provisions, pets are now referred to as “companion animals” and are distinguished from regular property like furniture or vehicles.
What is a companion animal? The Act defines it as “an animal that is kept primarily for the purpose of companionship.” This does not include guide dogs, service dogs, farm animals, or animals kept as part of a business.
Eight Factors Courts Must Consider
When separating couples cannot agree on who should keep a companion animal, BC courts must now consider eight specific factors under s. 97(4.1) of the Family Law Act:
- How the pet was acquired – Did one spouse buy it, or was it a joint purchase?
- Who cared for the animal – Which spouse fed, walked, and took the pet to vet appointments?
- Children’s relationship with the pet – How attached are the children to the animal?
- Family violence history – Is there any risk of violence involving the pet?
- Animal cruelty concerns – Has either spouse shown cruelty or made threats toward the animal?
- Each spouse’s ability to care for the pet – Who has the time, resources, and living situation to properly care for the animal?
- Each spouse’s willingness to care – Who genuinely wants to take on the responsibility?
- Any written agreements – Did the couple make any agreements about the pet?
These factors ensure that courts focus on the pet’s well-being rather than treating animals like mere possessions.
Can You Share Custody of Your Pet?
Here’s an important limitation: under s. 97(4.2) of the Family Law Act, courts cannot order joint ownership or shared possession of a companion animal in a final order. However, couples can voluntarily agree to share possession through a written separation agreement.
Recent case law clarifies this distinction. In Bayat v Mavedati, 2024 BCSC 619, a BC Supreme Court ordered interim shared custody of a golden retriever named Stella on a week-on/week-off basis while the case proceeded to trial. However, in Glassen v Glassen, 2025 BCSC 640—the first final decision under the new provisions—the court confirmed that final orders must award exclusive possession to one spouse, not shared custody.
Provincial Court Now Has Jurisdiction
Another significant change: the BC Provincial Court can now make orders about companion animals. This provides a more affordable option for couples who don’t have other complex property issues requiring Supreme Court.
What If You Owned the Pet Before the Relationship?
Even if you owned your pet before becoming spouses, the court can still consider all eight factors and make an order about the companion animal. Simply owning the pet first doesn’t automatically mean you get to keep it—courts will look at who has been caring for the animal and what arrangement serves the pet’s best interests.
Planning Ahead: Pet Custody Agreements
If you’re entering a relationship or already living with a partner, consider creating a cohabitation agreement that addresses what happens to any pets if you separate. A clear written agreement can prevent costly disputes and ensure both parties understand their rights and responsibilities.
Get Legal Advice About Your Companion Animal
Pet custody disputes can be emotionally draining and legally complex. If you’re facing separation and concerned about who will keep your beloved companion animal, speaking with an experienced family lawyer can help you understand your rights and navigate BC’s new companion animal provisions.
Disclaimer: This article provides general legal information about BC’s companion animal laws and is not legal advice. Every family law situation is unique. For advice specific to your circumstances, please consult with a qualified BC family lawyer. The information in this article is current as of October 2025.