Montreal SPCA wants guidelines for pet custody in divorce

Quebec’s progressive approach to animal welfare and rights.

In the case of a divorce, the court will consider the animal’s welfare and the wishes of the parents. The court may order the animal to be transferred to the other parent or to a third party, such as a pet-sitter or a shelter.

The Legal Status of Animals in Quebec

Quebec’s civil code is one of the most progressive in the world when it comes to recognizing the rights and interests of animals. While the code does not grant animals full legal personhood, it does provide for certain rights and protections that are unique to animals.

Animal Welfare and Sentience

The Quebec civil code recognizes animals as sentient beings, meaning they are capable of experiencing emotions and sensations. This recognition is significant, as it acknowledges the inherent value and dignity of animal life.

“We want to ensure that the judge takes into account the animal’s best interests.”

The Need for Animal Welfare in Custody Disputes

The Montreal SPCA has been advocating for a provision in the Civil Code that would require judges to consider animal welfare in custody disputes. This proposal aims to protect animals from being placed in situations where they may not receive the care and attention they need. Key aspects of the proposal:

• Judges must consider the animal’s best interests when making custody decisions. The animal’s welfare should be taken into account alongside the parents’ interests. The provision would apply to all types of custody disputes, including joint custody and sole custody.

  The SPCA has been working with the law reform committee to draft the provision, which would allow pet owners to request a court order to determine the custody of their pets in the event of a separation or divorce.

  The Need for Pet Custody Legislation

  The SPCA has been advocating for pet custody legislation for several years, citing the growing number of pet owners who are seeking to protect their pets’ interests in family law disputes.

  In a statement to CTV News, the justice ministry says it is a complex file and is still analyzing it.

  

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