What Happens To The Shared Pet After The Break-Up?
We have all heard the stories about couples who go to war battling over custody and visitation of their minor children. However, with some couples, the issue of who retains ownership of the family pet can be almost as contentious. That said, while the law makes provisions for custody, access and guardianship of minor children, no provisions for custody of pets exist.
Despite the silence in legislation, some couples have gone to court seeking a determination as to who owns fido, or as in the case before the courts, a dog named Tuxedo. In that situation, both the trial judge and the subsequent appeal panel (yes, there was an appeal) declined to make the determination on the grounds that the courts lacked jurisdiction to determine who should get the dog.
Since the courts have declined to rule who should get ownership of the family pet after a break-up, the couple involved has two options. The first option is simply work out an ownership and visitation scheduled. If this cannot be done, the parties could agree to enter binding arbitrator with a private decision maker who could review the evidence and decide where fido should reside. The parties would have to agree in advance that no appeal could be taken from the decision as the courts are likely to continue to decline to hear such matters.
Warnica v Gering, 2005 CanLII 30838 https://www.canlii.org/en/on/onca/doc/2005/2005canlii30838/2005canlii30838.html?resultIndex=1
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