The Canadian legal system is similar to the US in many ways, but one of the oddities that have always been present is that pets are viewed as property. This means that in the event of a custody battle between divorcing couples, the courts would often assign a financial value to the pet and divide it in that way. However, this is all set to change with proposed amendments to the Family Law Act, which will take into account the important role pets play in families and provide more guidance for parties and judges in determining the ownership and possession of pets.
The amendments will require consideration of factors such as the person’s ability and willingness to care for the animal, the relationship a child has with it, and if there is a risk of family violence or threats of cruelty to an animal. Furthermore, the outdated principle of the presumption of advancement, which previously only applied to property transferred from husband to wife, will be removed to ensure that all couples and their property are treated equally.
The changes to the Family Law Act also include updates to sections that govern the division of pensions. This was based on recommendations from the BC Law Institute, which was pleased to see the introduction of the legislation and was happy that relevant factors will be taken into account when making difficult decisions.
The multi-year review of the Family Law Act is taking place in three phases so that the province can remain reflective of today’s family dynamics. The proposed amendments are a welcome change as they affirm that society is now taking action to build a better, more inclusive province for everyone.
The main change that is being welcomed is the recognition that pets are no longer to be treated as property, but are to be viewed as unique family members. This is an important step, as it will allow for pets to be taken into consideration when determining the best course of action for divorcing couples.
The law is finally catching up with the times, and making sure that pet owners are not subject to outdated and unfair laws when it comes to the division of their property. The amendments to the Family Law Act will be a welcome change for all pet owners, and reflect the values and priorities of people today.
This article was written by Jurno.
