They Were Once Considered Property. Today, They Are Family.
For many couples, pets are no longer simply animals.
They are companions, confidants, exercise partners, emotional support systems, and, in many cases, the closest thing a family has to children.
As a result, family lawyers are increasingly encountering a question that would have seemed unusual a generation ago:
Who gets the dog?
Pet-related disputes are becoming a common feature of separation and divorce proceedings across Canada. Yet despite the emotional significance of these relationships, the law has been slower to evolve.
The result is often surprising—and disappointing—for pet owners.
The Emotional Reality Versus the Legal Reality
Most pet owners think of their dog or cat as a family member.
The law generally does not.
Historically, Canadian courts have treated pets as property.
From a legal perspective, a dog has traditionally been viewed more like a vehicle, piece of furniture, or bank account than a child.
That distinction matters.
When courts determine parenting arrangements for children, they focus on the child’s best interests.
When courts determine ownership of property, they focus on ownership rights.
As a result, judges have often resisted becoming involved in what some decisions have described as “pet custody battles.”
Why Pet Disputes Are Increasing
Several factors are driving the rise of pet-related family law disputes.
Delayed Parenthood
Many couples are marrying later and having fewer children.
For some, pets have become an important focus of caregiving and emotional investment.
Pandemic Pet Ownership
The pandemic triggered a surge in pet adoptions across North America.
Many of those relationships now find themselves facing separation and divorce.
Increased Emotional Attachment
Pet owners are spending more on veterinary care, pet insurance, grooming, daycare, training, and specialized diets than ever before.
The emotional bond between humans and their pets continues to deepen.
Changing Family Structures
Many households consist of couples without children, blended families, or empty nesters.
In these households, pets often occupy a central role within the family unit.
What Ontario Courts Have Traditionally Said
Historically, Ontario courts have been reluctant to create parenting schedules for pets.
Judges have repeatedly expressed concern about turning family courts into venues for disputes over animal visitation rights.
In many cases, courts have simply asked:
- Who purchased the pet?
- Who paid the veterinary bills?
- Whose name appears on registration records?
- Who primarily cared for the animal?
- Was there an agreement regarding ownership?
Once ownership is determined, the analysis often ends.
Unlike children, pets do not typically receive parenting schedules, decision-making authority arrangements, or best-interest assessments.
At least, that was the traditional approach.
A Shift May Be Underway
Recent years have seen a gradual change in how society and increasingly the law views companion animals.
Courts are becoming more aware of the unique emotional role pets play within modern families.
Some judges have acknowledged that animals occupy a special category that differs from ordinary property.
Separating spouses are also becoming more creative in resolving disputes.
Rather than asking a judge to decide ownership, many couples now negotiate:
- Shared possession schedules;
- Holiday arrangements;
- Veterinary cost-sharing;
- Decision-making responsibilities; and
- Future care provisions.
These agreements are often incorporated into separation agreements, providing clarity and reducing conflict.
The Cost of Fighting Over a Pet
One of the most surprising aspects of pet custody litigation is the financial reality.
The legal fees associated with litigating ownership of a dog can quickly exceed the value of the animal itself.
Family lawyers occasionally encounter situations where parties spend tens of thousands of dollars arguing over a pet worth a fraction of that amount in monetary terms.
Of course, the dispute is rarely about money.
The pet often becomes a symbol of:
- Emotional attachment;
- Grief and loss;
- Unresolved relationship conflict;
- Identity and routine; or
- A desire for fairness and recognition.
Understanding these underlying dynamics is often key to reaching a resolution.
Practical Steps for Pet Owners
Couples who share pets should consider addressing ownership before conflict arises.
Potential options include:
Pet Clauses in Cohabitation Agreements
Couples entering cohabitation arrangements can specify:
- Who owns the pet;
- What happens if the relationship ends;
- Whether shared possession is intended; and
- How expenses will be handled.
Separation Agreement Provisions
Separating spouses can create detailed arrangements regarding:
- Possession schedules;
- Veterinary decisions;
- Emergency care;
- Travel arrangements; and
- Financial responsibilities.
Maintaining Records
Documents such as purchase receipts, veterinary records, registration information, insurance policies, and licensing records may become important evidence if ownership is later disputed.
Looking Ahead
As Canadian families continue to evolve, pressure will likely increase for the legal system to recognize the unique role pets play in people’s lives.
While courts remain cautious about creating formal “pet custody” regimes, public attitudes are changing rapidly.
For many families, pets are no longer viewed as property.
They are family.
Whether the law eventually catches up remains to be seen.
What is clear, however, is that pet-related disputes are becoming an increasingly common feature of modern separation and divorce cases.
And for many couples, deciding who keeps the dog can be every bit as emotional as dividing the family home.
The Bottom Line
Ontario courts have traditionally treated pets as property rather than children.
However, as emotional attachments to companion animals continue to grow, pet-related disputes are becoming more frequent and more complex.
Couples can often avoid costly litigation by addressing pet ownership proactively through cohabitation agreements, marriage contracts, and separation agreements.
After all, when relationships end, protecting the bond between a beloved pet and the people who care for it may be one of the most important conversations a family can have.
