Divorce Courts in Canada Typically See Family Pets as Property rather Than a Subject Involving Custodial Orders

Marriage is one of the most important events in one’s life. However, couple’s cannot tell if their marriage is going to last for long or not. Sometimes marriage might end when both parties involved in marriage are no longer in terms or situation to stay together. For example, spouses may not be able to tolerate each other and it is then they might think divorce would be a better idea.

family law lawyers oakville

Viewpoint of Family Attorneys

Oakville family law lawyers states that when partners can’t stay together and consents for filing a divorce petition then it’s a good thing. However, before filing for divorce they should know that marriage involves a lot of tactile and impalpable things. When partners think of divorce there is always a huge debate on who is going to possess the ‘items’. For example, there might be a debate on who is going to take custody of house, jewelry, or even their pets.

According to family attorneys, many couples may consider their pets like dogs as their child, but the laws don’t agree with the fact. In the eyes of law, they are just a part of property. Thus, there’s no use of fighting a custody battle for their pets by any couple. The court system usually discerns family pet as properties and often considers dividing it among the couples. However, the court considers various factors before giving their ruling on which partner is going to have the rights on the pets.

 

Case Studies Cited

In this respect, Oakville family law lawyers states that pets should not have any kind of ‘familial rights’. In fact, in this respect, the attorneys cited some cases where childless couple who separated after certain years of marriage takes the help of court system in order to settle the row about having the rights of their pets.

Even though the lawyer of one party requested the court to consider it as custody issues and only allow visitation rights to the other party. For this, the Oakville family law lawyers stated that the attorney of one party provided documents to prove the other party loved other pets like cats. However, the court refused to accept the fact that children and pets are the same. Hence, at the end of the day it should be treated as a property.oakville family law lawyers

However, the judge of the Canadian court said that pets could differ from other properties. For this reason, pets may enjoy statutory protection. Oakville family law lawyers claims that this is necessary in order to protect the pets from being treated cruelly. In case the pet stays with one partner, they can stay with that partner until arrangements can be made for that.

However, any good family attorneys feel that court can be avoided to intervene if separated couples sign a separation agreement. Divorced or separated couples can go for a separation agreement with the help of Oakville family law lawyers. In the agreement, specific clauses related to the pets can be placed. However, while putting the clause care should be taken to ensure:

  • What the Kids want?
  • Who can financially take care of the needs of pets including their veterinary bills?
  • Who can arrange the amenities that the pets would require?

 

These factors can help to decide with whom the pet would stay. Moreover, it can make one prepared to not involve in custodial battle.