More frequently, Ottawa family lawyers are seeing divorce negotiations deal with family pets. They deal with issues like visitation rights, vet bills, decisions about major surgeries, and end-of-life decisions.
How Ontario Courts Determine Ownership
Ontario courts consider pets as property. In order to determine whose property the pet is, there are two factors to consider. The first is who paid for the pet. The alternative is a series of questions like:
The nature of the relationship between animals and the parties.
Was it gifted or brought into the relationship?
Who is the registered owner?
Who physically cared for the pet including, grooming, walks, feeding, etc.
Who paid the vet bills, food, and other items?
In a recent Ontario case, the Court stepped in when the parties could not amicably agree on sharing the responsibilities of pets. The decision, in this case, was to award one dog to each of the parties. The Court considered factors like the therapeutic support offered to each of the parties during the separation and the protective qualities of the dogs to each of the respective owners.
What Can the Owners Do?
Despite the legal concept that pets are property, many people want arrangements in place should the relationship fail, and separation ensue. This can be handled contractually, including cohabitation agreements, marriage contracts (prenuptial agreements), and separation agreements. These documents set out how expenses are allocated and how medical decisions will be made. The parties can agree on joint decision-making and can provide for shared custody.
Even if there is an agreement between the parties, the Court is not necessarily bound by those details and can decide based on current law regarding the ownership of pets.
Contact Ottawa Family Lawyers for Help
If you have any questions or need help with your divorce, talk to our Ottawa family lawyers at Francis Lawyers. We have experience in helping parties who are divorcing, including dealing with custody and pet ownership. To get further information on how we may help you, please contact us.