A British Columbia court has granted shared custody of a family dog following a breakup, in accordance with a new provincial law that recognizes pets as family members rather than mere property.
Stella, a golden retriever, will now split her time between Sahar Bayat and her ex-partner, Omid Mavedati, as both were deemed to love and care for the animal by a B.C. Supreme Court judge.
Ms. Bayat had initially sought sole custody of the dog, alleging neglect by Mr. Mavedati.
The couple started living together in April 2020 and separated in February 2023, according to the court ruling.
Although Stella was purchased in August 2020, the court observed that Ms. Bayat’s name was not listed on the dog’s “birth certificate.”
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“The claimant explains that her absence from Stella’s birth certificate is due to her lack of knowledge that she could have been included, and because the respondent informed her that only one name could be on the certificate,” Judge Nielsen stated.
In January, Section 7 of the B.C. Family Law Act was updated to incorporate a subsection mandating Supreme Court judges to consider various factors when issuing an order regarding a “companion animal.” These factors include the pet’s acquisition, care responsibilities, instances of family violence, cruelty towards the pet, the relationship between a child and the animal, and the parties’ willingness to care for the pet.
“The recent amendments to the Family Law Act redefine the ownership of a companion animal, like Stella, beyond mere possession of property. The animal’s sentience is acknowledged through the criteria considered,” Judge Nielsen explained.
“Both the claimant and the respondent lead busy professional lives. They both clearly adore Stella. They have invested significant legal fees and have made multiple court applications with Stella’s best interests in mind,” he noted in the court ruling.
