Stella, the golden retriever from New Westminster, is at the center of a first-of-its-kind ruling surrounding custody of a pet. This ruling stems from a relatively new BC law, a first in the country, that recognizes pets as family members, rather than simply property.

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Following a breakup, a New Westminster woman sought custody of the dog she had adopted with her ex-boyfriend. The ex-boyfriend initially claimed sole custody of Stella the golden retriever due to his name being the only one on the dog’s birth certificate. However, after nearly $60,000 in legal fees, a BC Judge ruled that the couple shall share custody of Stella, on a week on/week off basis.

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Associate Judge Scott Nielsen stated it was clear that both member of the former couple loved the dog and argued that the ruling must consider that animals are sentient beings. Associate Judge Nielsen’s ruling comes three months after amendments to the Family Law Act stated that pets and companion animals are more than just the property of whoever purchased the animal, they are members of the family.

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This decision highlights how the court must now consider eight factors when determining custody of a pet or companion animal under the new legislation. These factors are:

1. The circumstances in which the companion animal was acquired
2. The extent to which each spouse cared for the companion animal
3. Any history of family violence
4. The risk of family violence
5. A spouse’s cruelty, or threat of cruelty, toward an animal
6. The relationship that a child has with the companion animal
7. The willingness and ability of each spouse to care for the basic needs of the companion animal
8. Any other circumstances the court considers relevant

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When asked about the legal process and the financial investment required, the claimant stated that “It was all worth it” and that she would “Honestly […] do it all over again”.

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