Vancouver (from Provincial Court BC) – It’s not easy when a family is separating. A common issue (and one that can be particularly difficult) is “What happens to the family pet?”. Until now, if a separating couple couldn’t agree, only the BC Supreme Court could decide which partner would have the pet.
However, starting on January 15, 2024, changes to BC’s Family Law Act and the Provincial Court Family Rules will allow both the Provincial Court and the Supreme Court of BC to make orders about ownership and possession of a family’s animal companion when a marriage ends.
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Law: These changes are found in the Family Law Amendment Act, 2023
OIC 0545-2023 which changes the Provincial Court Family Rules.
What are “companion animals”?
Under the legislation a “companion animal” is defined as an animal that is “kept primarily for the purpose of companionship”. Animals that are not companion animals include guide and service dogs, animals kept as part of a business, and animals that are kept for agricultural purposes.
Law: See the Guide Dog and Service Dog Act for definitions of guide and service dogs.
