Custody disputes over pets after a couple separates can become heated, often focusing on who acquired the pet. Legal expert Me Sophie Gaillard from the SPCA of Montreal emphasizes that courts frequently neglect the animal’s well-being and the emotional ties between the pet and each partner. Despite animals being recognized as sentient in Quebec, they are still treated as property in legal cases. Gaillard highlights troubling links between pet custody and domestic violence, urging for reforms that prioritize animal welfare.
Who Gets the Pet? Understanding Custody Issues After Separation
When a couple with a beloved pet decides to part ways, the question of who retains custody can become contentious. If the matter lands in family law court due to a lack of agreement, the ruling primarily hinges on who originally acquired the pet.
Me Sophie Gaillard, the director of animal defense and legal affairs at the SPCA of Montreal, highlights a critical concern: the court’s decisions often overlook the animal’s welfare and the emotional bonds formed between the pet and each partner.
“This can create a scenario that is detrimental to the animal,” she stated in a recent interview with Québec Matin. “The pet may end up with the less suitable owner.”
Moreover, Me Gaillard points out that the partner who does not secure custody may face complete separation from a cherished family member.
Legal Status of Animals in Quebec
Although the Civil Code of Quebec acknowledged animals as sentient beings rather than mere property in 2015, this recognition does not extend to family law cases. “Judicial proceedings still classify animals as property,” Me Gaillard confirms.
The Connection to Domestic Violence
In her role at the SPCA of Montreal, Me Gaillard has noted troubling correlations between pet custody disputes and domestic violence. “Abusive partners frequently exploit pet custody as a means to maintain control during a separation,” she observes.
Research supports this observation, indicating that individuals facing abuse often find it challenging to leave their situation because they are unwilling to abandon their pets, wanting to ensure their custody regardless of the circumstances.
In response to these issues, the SPCA requested the inclusion of a pet custody provision in the Civil Code amid family law reforms from the Minister of Justice and Attorney General of Quebec, Mr. Simon Jolin-Barrette.
Regrettably, the proposed provision was not accepted. “Despite our advocacy efforts and backing from all three opposition parties, the Minister of Justice declined to include our requested changes in the family law reform,” Me Gaillard explained.
While similar provisions have been adopted in other regions of Canada, the Minister expressed he was “not prepared to proceed with this,” suggesting a potential revisit in the fall, yet no updates have been forthcoming from the Ministry of Justice.
For Me Gaillard, prioritizing the well-being of animals in court proceedings is imperative. “We have witnessed extreme cases where the partner granted custody, out of spite, has even resorted to euthanizing the pet,” she recalled. “These situations are alarming. Unfortunately, the courts still treat animals as property, which can lead to distressing outcomes for the animals involved.”
Catch the full interview with Me Gaillard above.