Who Gets the Pets in a Separation?

Separation can be an emotionally challenging time, especially when beloved pets are involved. For many families, pets are more than just animals—they’re cherished members of the household, often seen as children by their owners. Deciding what happens to these companions can quickly become a source of stress and conflict.

Emotions often run high when determining pet care arrangements. One person may feel strongly about keeping the dog close, ensuring time together continues. Another may feel the cat should remain solely in their home. These differing perspectives can create tension, especially when both parties believe they are better suited to provide care.

Mediation offers a constructive path forward. It allows both parties to voice their concerns and collaborate on a plan that honours the bond shared with their pets. Through thoughtful discussion, tailored agreements can be reached that prioritize the well-being of the animals and the peace of mind of their owners.

How Ontario Law Views Pets

In Ontario, pets are considered chattel and are treated just like any other property, such as a piece of furniture being divided between the parties. Notably, the Ontario laws around parenting time and decision-making that apply in regard to parents’ rights to their children do not apply to pets. Rather, more often the family court’s approach to the treatment of pets is to determine who paid for the pet at the time of acquiring the pet and who applied for the licensing application for the pet. This means that if you paid for the pet when it was first acquired, then it is yours.

The Court has more recently started to look at more factors beyond the historical approach of only looking at who purchased the pet (such as looking at evidence as to which party exercised the care and control of the animal and who paid for the animal’s expenses during the relationship). However, in Ontario, arguably speaking, the laws have not caught up with the current times to align with the importance and integral role that pets often play in a family. The individualized bond between a pet and each family member is an important consideration when parties are separating, which is currently not considered in Ontario legislation.

Mediation for Pet Care

Common scenarios and difficult conversations that mediators can navigate include:

• What is the best interest of the pet for the pet’s welfare and care going forward?
• When there are children involved and parents are separating, is it in the best interests of the children to continue having the dog with them for the day-to-day support of the child? Transitions following the separation of a child’s parents can be tough, but having the added stress of no longer having a child’s pet with them can make this even harder.
• Often pets offer support and companionship to children and adults, acknowledging the importance of each party’s needs and relationship with the pet are considered – which may stem beyond which party purchased the pet initially.
• What happens with multiple pets, will the pets be split up and if so, will there be a plan in place for the pets to spend time with each other in the future?

The Benefits of Mediation for Pet Disputes

Discussing the future plan for the family pet during mediation rather than litigating the dispute offers many benefits:

• Minimizes the cost of litigation
• Allows parties to openly discuss what they feel would be the best arrangement
• Ensures that more than simply ownership is acknowledged

For example, I have had some clients outline in an agreement a detailed visitation

schedule for when each party will have the dog in their care, and to decide which party

the dog will primarily reside with and when the other party will have visits with the dog.

Creating a Tailored Pet Agreement

A Mediation Agreement can outline the terms of co-ownership for a pet, including a detailed visitation schedule, a primary residence for the pet, and when the other party will have visits with the pet. This agreement helps prevent future misunderstandings or disputes by providing a structured approach that supports ongoing cooperation and clarity.

Key Topics to Consider in Mediation

• Who will be responsible for renewing pet licenses?
• Who will pay for ongoing and unexpected pet costs (food, vet bills, shots)?
• Will either party maintain pet insurance?
• How will pet care decisions (daily and major, like surgery or euthanasia) be made?
• What will the visitation schedule for the pet look like?
• Will the children have a scheduled time with the pet?
• Can either party travel with the pet, and under what conditions?

When agreement is reached in mediation, clients can be assisted in preparing a Mediation Agreement that outlines the terms of co-ownership for their pet moving forward, addressing important considerations such as care arrangements, decision-making responsibilities, and financial contributions.

One of the key benefits of mediation is the ability for the parties to collaboratively establish future plans for their family pet. A Mediation Agreement can then be tailored to reflect these specific considerations, ensuring that both the welfare of the pet and the interests of the parties are protected.

By creating a clear and detailed plan, this agreement helps prevent future misunderstandings or disputes, providing a structured approach that supports ongoing cooperation and clarity.

Need help creating a pet agreement during separation? Contact our team today to discuss your options and create a mediation plan that prioritizes the best interests of you, your family, and your beloved pet.