The outcome can also vary greatly depending on where in Canada it takes place. "And the judge said, 'Listen, cats are personal property and children are not.' " Risking heartbreak in courtīecause laws in Canada view pets as property, each side's investment in the animal can be a critical factor in a judge's decision about who is the rightful owner. "One of the parties was more concerned about his favourite cat staying with him than negotiating the parenting schedule," Bonnema said. Jessica Bonnema, a family lawyer at Siskinds LLP in London, Ont., remembers one colleague working on a divorce involving three children and two cats. Pets can become pawns in a protracted and pricey legal fight - sometimes overshadowing decisions about who gets the kids. Victoria Shroff, a Vancouver-based animal law lawyer, encourages pet owners to try and reach a custody agreement without heading to court, for greater 'certainty' over the outcome. Such cases aren't just limited to couples fighting over cats and dogs. Lawyers who spoke with CBC News said they have seen animal custody cases involving parents and kids, roommates and friends at loggerheads over reptiles, horses and even pot-bellied pigs. " who do straight-up human divorce cases will tell you that divorce and separation is up across the board - and that's the same case in pet custody." "I have seen a precipitous spike in cases since last spring," said lawyer Victoria Shroff, an adjunct professor of animal law at the University of British Columbia. and U.K., The Guardian recently reported. Pet custody battles involving lawyers are also on the rise in the U.S. (Submitted by Kate Peterson)Ĭanadians are increasingly calling lawyers for help deciding who gets to keep a pet in recent years - especially over the past 18 months, as COVID-19 lockdowns and work-from-home policies forced couples to spend more time together, pushing some relationships to a breaking point. "She's 10 now and I missed out on a huge part of her life, so it was good to know that I at least was entitled to something, and something that's legally binding."Īfter a lengthy court battle, a judge awarded Kate Peterson five days' custody a month of her cat, Penny - much less time than the shared custody with her ex than she was hoping for. "It was super disappointing, but it'd also been two years since I'd seen my cat," she said. It ended with a heartbreaking result: a judge awarded her just five days a month with Penny. What ensued was a costly two-year battle through British Columbia's courts as Peterson fought to reinstate their custody agreement. "I was under the impression that she was my cat."Īfter their breakup, they agreed to share custody - but about a year later, Peterson's ex texted her out of the blue to say she was keeping Penny for good. "My ex had a lot of cats growing up and was like, 'This is your cat. After all, she was the only one who had signed the adoption papers two years earlier. When Kate Peterson and her girlfriend broke up in 2019, she assumed their cat, Penny, would leave with her.
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