For many families, a pet is not “just an animal.” Dogs, cats, and other companion animals are part of the household, woven into daily routines, emotional support, and family identity. So, when a relationship ends, one of the most heartbreaking questions can be: Who gets the pet?
People often refer to this as “pet custody,” but in Ontario family law, pets have historically been treated differently than children. Understanding how the courts approach disputes involving family pets can help separating couples make informed decisions and avoid unnecessary conflict.
In Ontario, family pets have traditionally been viewed as property. That means a dispute over a pet may be approached similarly to disputes over other personal belongings. The court may look at ownership, financial responsibility, and who has legal rights to the animal, rather than applying a “best interests” test the way it would for children.
This can be frustrating for pet owners, especially when both people have a deep emotional bond with the animal. But from a legal perspective, the starting point is often: Who owns the pet?
Some of the factors that may help establish ownership include:
Even when both parties contributed, evidence of consistent responsibility can become important if the issue ends up in court.
Although pets are often treated as property, courts are increasingly aware that companion animals are living beings with needs and routines. In some cases, judges may consider the practical realities of the pet’s life. For example, if one party has always handled the pet’s care, has the more stable living arrangement, or has the time and ability to provide consistent attention, that may influence the outcome.
That said, it’s important to be realistic: Ontario courts do not always treat pets like children, and “shared custody” arrangements may not be encouraged unless both parties are cooperative and the arrangement is workable.
Because litigation over pets can be costly and emotionally draining, many separating couples benefit from resolving the issue through a separation agreement. A well-drafted agreement can outline who will keep the pet, how expenses will be handled, and if applicable, whether the other person will have scheduled time or visitation.
These agreements can also reduce future conflict. Without a clear arrangement, disputes may resurface months later, especially if one person believes the pet was taken unfairly or if financial responsibilities become unclear.
If you’re separating and concerned about a family pet, it’s best to approach the situation calmly and strategically. Acting impulsively, such as removing the pet without discussion or refusing access out of anger, can quickly escalate conflict and make resolution harder.
A thoughtful plan, supported by legal advice, can help protect your interests while keeping the focus where it belongs: the pet’s stability and care.
If you’re going through separation or divorce and need guidance on how Ontario courts handle disputes involving family pets, Segal Law is here to help. Contact us today to schedule a confidential consultation and get clear, practical advice tailored to your situation.