New changes to B.C. family law signify a groundbreaking shift in how pets are treated within the Canadian judicial system. No longer regarding them as property, family court judges must consider a pet’s best interest during custody decisions. Criteria for pet ownership now consider factors such as the willingness and ability of each party to care for the animal, the relationships between children and the pet, and the potential risks of family violence or cruelty to the pet.

“Going through separation or divorce is already difficult for couples and children. Our justice system should be there to help, not make it harder,” says B.C. Premier David Eby. “The initial changes also recognize pets are an important part of the family and allow a child’s relationship with a pet to be considered and respected.”

The new amendments have been introduced to B.C. family law as part of a phased modernization reform. This first phase focusing on pet custody was put into effect on Jan. 15. The next phase provides the public with an opportunity to participate in an open forum, one where individual residents of the province can voice their opinions and offer suggestions on current family law rules, regulations, and practices.

Through public surveys, the provincial government has opened discussions on topics such as family violence and protection orders, parenting assessments, views of the child reports, and time with and care of children. The consultation period ends on March 31. The B.C ministry plans to publicly report the findings.

“Pets are unique members of our families, not inanimate property like furniture, and our family laws now reflect this,” says Victoria Shroff, an animal lawyer and adjunct professor of animal law at the University of British Columbia. “B.C. has taken the lead in Canada when it comes to deciding ‘who gets the pet’ when a couple splits up. This first-of-its-kind legislation considers the interests of the whole family, including relational aspects of the bond between companion animals and their family.”