Pets are deeply valued companions and many people consider their furry friends as family members. When relationships end, deciding who will care for the family pet can become a difficult issue. While it is uncomfortable, in Saskatchewan, pets are considered property in the context of separation and divorce. Understanding how pet ownership is determined can be helpful as you prepare to make decisions about the future care of your pet.
Saskatchewan Law & Pets
Pets are deemed as property in Saskatchewan. This means in the court context; pets are often treated like disputes about any other property. Things that might be considered is who originally purchased or obtained the pet, who cared for the pet during the relationship, and who pays for the pet’s needs.
It is often upsetting to people to learn that pets are not viewed as children and disputes concerning pets are not treated delicately. These companions are emotionally important, but the legal system does not order or grant shared decision-making or parenting time for these furry, feathered, or scaly friends. Considering alternatives to court to negotiate options for these creatures may be psychologically and procedurally important for pet parents. Mediation can be a great process option when negotiating what is to be done about pets during separation and divorce.
What Will the Court Consider Regarding Pet Ownership?
In a court process, the following factors may be considered:
- Who bought, adopted, or obtained the pet?
- Whose name is on the veterinary records, pet license, and/or insurance?
- Who has primarily cared for the pet’s needs, such as feedings, walks, grooming, and the like?
- Who has been paying for the pet’s expenses, such as food, veterinarian bills, and other costs?
- In situations wherein the pet was obtained during the relationship and all expenses related to the pet have been paid out of the pooled family finances and care has been equally shared, it might be difficult to prove who has legal entitlement to the pet. This type of issue can be devastating for all parties involved in the dispute. Coming up with creative options outside of what a court can order can be a wonderful option to ensure the emotional ties connected to the pet are honoured.
Can Pets Be Shared?
While the court will not order a shared parenting arrangement for a pet, creative solutions like this can be negotiated through outside of court options, like mediation.
A schedule for sharing a pet might be put into a separation agreement or an agreement specific only to the care of the pet.
Some people find this type of arrangement to be too upsetting, as it can create ongoing contact with an ex-partner that is not otherwise necessary, but other people cannot bear to lose their furry, feathered, or scaled friend, and will agree to whatever sharing arrangement in order to keep the creature in both parties lives.
- If an agreement about sharing a pet is made, here are some things that might be included: Schedule; who has the pet on what days and for how long?
- How will the expenses, such as veterinary care, food, and other costs be shared?
- What happens in the event of an emergency?
- What travel protocols should be in place? (example: are the parties allowed to travel with the pet? If so, for how long? Etc.)
Sharing a pet after separation and divorce can be complicated, but worth it. If you want to build an agreement including sharing a pet or an agreement specific to sharing a pet, connect with a mediator or a lawyer who is experienced with negotiating agreements outside of court proceedings.
Tips for Resolving Pet Ownership Disputes
If you and your former partner are in a dispute about your pet, consider:
- Discuss what arrangement will work best for both of you,
- Think about everyone’s perspective and how everyone’s interests might be met,
- Ask if mediation might be an option, and;
- Think about what is best for the pet. If it’s a big dog and you are moving to a small apartment, even though it might be devastating to part with your furry pal, it might be in your puppy’s best interest to stay in the care of your ex. Even though these will be emotionally difficult conversations and decisions to make, try to stay grounded and make thoughtful, mindful decisions about your pet.
How We Can Help
At Panko Collaborative Law, we assist people who are separating resolve disagreements like what to do about the family pets. Through mediation and Collaborative Law, we help people come to agreements that are sustainable and workable outside of the court process.
If a pet dispute is part of your separation, we can help you:
- Negotiate an agreement regarding your pet,
- Build an agreement about your pet that is suitable for your needs, and;
- Determine your Best Alternative to a Negotiated Agreement as well as your Worst Alternative to a Negotiated Agreement, and your Most Likely Alternative to a Negotiated Agreement.
A Plan for Your Pet’s Future
It is emotionally difficult to decide what to do with a pet after a separation. Understanding how Saskatchewan law handles pets in the family law context and seeking professional guidance can help you make informed decisions that honour your connection you’re your furry, feathered, or scaled friend.
Call us at 306-975-7151 or send us an email.