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 of any kind 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 a family pet should be determined with finality in the same way that division of property is determined, rather than engaging in ongoing shared arrangements of the pet.
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 when compared to cases involving children or urgent family matters.
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 have any questions or require further information regarding your particular situation, please contact us and Avenue Law LLP’s family law team would be happy to assist you.
The opinions expressed in this content are those of the authors alone and do not reflect the views of Avenue Law LLP or its clients. Any comments or discussions of legal topics are not intended as legal advice or solicitation. The authors makes no guarantees regarding the accuracy, completeness, or reliability of the information outlined, whether in this content or through any linked sources.
This blog is for general informational purposes only. The content provided does not constitute legal advice and does not establish a solicitor-client relationship with Avenue Law LLP. For advice tailored to your specific situation, please contact Avenue Law LLP directly to arrange a consultation.
