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A golden retriever named Stella will be enjoying shared custody with its humans after a break up led to a court application in BC.
The case shows some of the recent amendments to BC’s Family Law Act in action.
Starting on Jan. 15, 2024, changes to the act and the Provincial Court Family Rules will allow both the Provincial Court and the Supreme Court of BC to make orders about ownership and possession of a family's animal companion when a marriage ends.
Those changes, “essentially put the ownership of a companion animal, such as Stella, in the context of something that goes beyond ownership of a chattel,” the judge in the case said.
Both the claimant, a nurse, and the respondent, a veterinarian in the case are busy professionals, and were said to both be capable of caring for the dog.
The parties began living together in April 2020, and separated in February 2023. The dog was purchased in August of 2020.
“Both the claimant and the respondent clearly love Stella,” the judge wrote in a decision. “They have invested considerable legal fees and have made multiple court applications with a view to the best interests of Stella.”
“Both the claimant and the respondent have shown a deep concern about the well being of Stella, and I am satisfied that in the circumstances the custody of Stella should be shared on an interim without‑prejudice basis.”
While the claimant was hoping to achieve full custody of Stella, the judge ended up granting a 50/50 arrangement on a week-on/week-off basis.
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