Authors: Carlynn Block and Kennedy Buchanan
For many families and individuals, pets are deeply loved companions and are frequently considered members of the family. It is not uncommon for separating spouses to disagree about who should keep their family pet or whether their family pet should be shared.
In Saskatchewan, family pets are treated as property, not as family members, dependents, or children. While courts acknowledge the emotional attachment people have to their pets, disputes over pets are determined using property law principles and not best interest considerations which apply to children.
What is the legal status of family pets?
In Saskatchewan, pets (including dogs) are considered personal property. Courts have repeatedly confirmed that pets do not have legal rights and are not subject or entitled to parenting time and decision-making arrangements in the same way that children are. Although judges frequently recognize that pets are beloved companions and play an important role in many families’ lives, the law does not permit courts to make parenting, decision-making, or financial support orders for animals. Ultimately, ownership and possession of the family pet is to be determined rather than ongoing sharing arrangements.
Can one spouse withhold a pet from the other?
Courts in Saskatchewan have been highly critical of situations where one spouse unilaterally takes a family pet and refuses to return it or allow any contact with the other spouse, describing this behaviour as ill conceived and distressing. That said, courts remain reluctant to intervene through interim or final “access” orders for pets.
Are shared possession arrangements encouraged?
Not generally. Weekly exchanges and ongoing interactions between separated spouses can increase conflict, create enforcement problems, and risk escalating disputes.
Saskatchewan courts have repeatedly stated that they should not be asked to adjudicate interim applications or trials involving pet possession. Judges have also emphasized that pet disputes can represent a disproportionate use of court and party resources, particularly
Key takeaway
While pets are emotionally significant, the law treats them as property. Courts will not make custody or access orders for animals and strongly discourage prolonged litigation over pet possession. Where possible, parties are encouraged to resolve issues involving their pets through mutual agreement rather than court intervention.
If you are separating and have questions about family pets or how they may be treated as part of a property division, speaking with a family law lawyer can help you understand your options and work toward a practical resolution. If you would like to discuss your situation with a member of our family law team, please contact us — we would be pleased to assist.
This article is intended for general informational purposes only and should not be taken as legal advice. It does not address the specific circumstances of any individual case and is not a substitute for obtaining advice from a qualified lawyer. Reading this article does not create a solicitor client relationship, and you are encouraged to consult legal counsel before making any decisions regarding your legal rights or obligations.
