Last week, a court in British Columbia, Canada, made legal history by awarding custody of a pet —and for anyone who loves their pet like family, it was a moment worth celebrating. Associate Solicitor Emily Prince discusses the ruling and how this may affect rulings in other jurisdictions.
Custody of a pet awarded in proceedings
In what’s believed to be the first ruling in Canada, a B.C. judge awarded custody of a family dog, Toba, during divorce proceedings, to the wife. The judge took the view that Toba was more than just property—recognising the emotional bonds at play. Justice Maegen M. Giltrow ruled that a judge cannot award joint ownership or require shared possession, deciding that Toba would stay with the wife. This marked a significant departure from the default legal view that pets are simply chattels to be divided.
The judge emphasised that while the law still regards pets as personal property, the courts now have discretion under B.C.’s Family Law Act to consider who is best suited to care for the animal, and whether a shared arrangement may be in the pet’s best interest. This shows a progressive understanding that pets are sentient beings, not just items on a spreadsheet.
Other jurisdictions, such as Spain, Australia, certain states in the USA, and others in South America, have already acknowledged this and changed their legislation accordingly. Unfortunately, here in England and Wales, we’re still lagging behind.
What happens to the custody of a pet in England and Wales?
Under current law, pets are classified as chattels—the same legal category as a sofa or a car. There’s no requirement for courts to consider the extent to which parties cared for the pet, attachment by a party or child to the pet and any history of family violence.
This is something that our Working Group, Pets on Divorce, has been working hard to change. Over the past few months, we’ve had the opportunity to raise awareness about this issue on BBC Radio, the Sunday Times, etc, and in the recent House of Lords debate on Prenuptial Agreements, where Baroness Berridge made a powerful case for why pets deserve to be treated differently in law. She cited countries like Colombia, France, New Zealand, Spain, and now Canada, where reforms are already recognising pets as more than mere property.
At Pets on Divorce, we’re campaigning for similar change here in England and Wales. This is so that judges have the ability to consider who the primary caregiver is, what arrangements are best for the pet, and ultimately, how to approach these custody of a pet cases with compassion and common sense.
Until the law changes, we’re also helping clients protect their pets through ‘pet-nups’—legal agreements that set out what happens to your pets if your relationship ends.
About our Family Law team
If you’re separating and worried about your pet’s future, or want to plan ahead, we’re here to help you and your pet. Our specialist team of family lawyers can guide and support you to ensure the best possible outcome for every member of your family, including your pets.
About the Author
Emily Prince is an Associate Solicitor in our Family Law department, specialising in divorce and separation cases with international elements across different jurisdictions. Emily is also a member of the working group, Pets on Divorce and Separation.
