Pet Custody for the Rich
How do I fight for custody of my dog?
Pet Custody case a waste of time! - Judge
According to a CBC article released today, Family Court Judge – Justice Richard Danyliuk set an interesting precedent by dismissing a pet custody case, suggesting such matters are a wasteful and demeaning use of court time. He went on to refer to pets as property, placing pets in the same category as a sofa, the cannonball bed and a 2012 Buick.
While Danyliuk did make some valuable points, it is also important to recognize that, for many pet-parents, pets can’t simply be classified as ‘property’; they have personalities and feelings, they are living beings. They are our companions and a part of the family.
In other areas of the law, pets are protected and do enjoy special treatment, such as in landlord-tenant matters. However, as the article notes, Danyliuk says that in family law specifically, pets are property, and when considered in dispute a judge has no choice but to order the property sold and the proceeds from the sale divided between the couple.
For many, this is not really a consideration at all – I would argue that most would see this as the absolute last resort! But before you go on to label this judge as some kind of animal-hater, let’s put some perspective on this. As I see it, the judge had only two options, neither one of which is pleasant.
Option 1: Rule as he did, dismissing the case, in effect making no ruling on the pet issue. As a result, he pushed the resolution back to the pet owners to make their own decision regarding the pets – this, I would agree, is just where the decision belongs.
Option 2: The judge could have ventured into the precarious waters of making new laws, extending pets as pseudo-children, granting the pets and parents the same access to justice as they would in a child custody matter.
Are new Pet Custody in Ontario laws needed?
Colton, He is a Siberian and Golden Lab cross… a “Goberian”
While many pet-parents and your family lawyer may argue that fur-babies are members of the family, and thus require many of the same rights, making new laws around pets in family law could have the potential of opening up the floodgates to many new cases. And lawyers hoping to make some case law. To be honest, this is the very last thing our family court system needs right now, given just how overloaded it is. In case you are unaware, a visit to family court is more like a visit to the passport office, with long waiting lists for a 20 minute hearing. Long gone are the days of well-considered decisions of judges sitting in their chambers ruminating over the relative merits of your custody and access case. You’ve got about 5 minutes to ‘win’ your case. That’s it.
I know that, for many of us, our pets are our children. The dogs in my life, Inuk and Colten, are like children to me. Well, grandchildren if you want to be precise. I could never imagine them being sold under court order for cash as they are truly priceless in the joy they bring to our family.
Just as I’ve stated on previous occasions, child custody disputes do not belong in family court. I believe it is the same in this situation. A judge hasn’t walked in your shoes, has lived a far different life than you, and having met you for the first time, has a minimal understanding of the context of why you’re in court. The judge has never met your children or your dogs, but when you head to family court, you are asking this judge to make a ruling based on a stack of paper (one you hope they have read), a decision that with certainty will impact the rest of your life and that of your children or your pet. Think about how insane that sounds.
You’ve likely spent valuable time investigating and making decisions regarding the food Bowser eats, or which vet to use, or even which doggie daycare will provide the best care for Bowser. Now you’re going to let a total stranger determine your dog’s future in less than 20 minutes?
As a divorce mediator, the issue of caring for the pet or pets often comes up, and so far we have successfully settled issues in mediation without requiring court interference.
Conclusion
Inuk – The Snow Princess
When it comes to the couple discussed in the CBC article, my thinking is that they may have erred when turning to the courts to have this matter settled. The ultimate solution for this couple could be a two-step process of mediation followed by arbitration.
A settlement jointly arrived at is always more durable and long lasting than a solution imposed on the parties by a judge. The key to a successful mediation is flexible thinking, managed emotions and moderated behaviours. However, if the pet-parents arrive at an impasse, arbitration may be the ultimate resolution process. Arbitration is like hiring a private judge, one which the couple pays to adjudicate a binding settlement. Often the arbitrator has also been the mediator so you can rest assured that they will have the fullest understanding of the circumstances surrounding the case to consider in their arbitration award. Additionally, arbitration is private and doesn’t go on public record as court proceedings do.
In the end, I would argue that while the judge may have angered some who believe their family pet are important family members, he ultimately made the right decision in stating that pet custody cases do not belong in family court.
Mediation will, as with child-custody cases, result in a much more amicable and a favourable written agreement for all involved.
Are you having trouble reaching an agreement? Do you want to avoid going before the judge and asking for help? Consider working with a family mediator who can help you end your marriage in a way that is peaceful, cost-effective, and child-focused.
Would you like to learn more? Get in touch for a Get Acquainted Call to learn more about finding a separation agreement with a soft landing.
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Contact Information
Ken S, Maynard CDFA
1.855.731.3500
647.360.3200
We help smart and successful separating couples create separation agreements with clarity and soft landings for secure futures in 4 meetings or less without all the lawyer created overwhelming conflicts, confusion and costs.
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