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When a relationship breaks down, there can be custody battles over the cat or other pets. Even if a cat feels like part of the family, at the end of the day they are property. If a couple cannot determine on their own who will retain ownership, a court may be asked to decide. According to certified veterinarian journalist Steven May, judges may look at the following records to help determine ownership:
Documents such as these do not necessarily determine who will get the cat. For example, both parties could be listed as the owner.
Some jurisdictions, such as Alaska, have gone beyond merely considering ownership and veterinary records when determining who keeps a pet in a separation or divorce. Alaskan divorce laws require that judges take into account an animal’s well-being when determining who gets custody of a pet. So, for example, a case could be made that an outside cat’s well-being is better served by the partner who lives in a house than the partner who lives in a high-rise apartment.
Nevertheless, at least in Canada, pet custody cases are strongly discouraged by the courts. In a recent case involving a Saskatoon couple’s dogs, the judge called the case a waste of scarce judicial resources. He ruled that it would be absurd for him to make a decision on visitation rights, and insisted that the couple decide on their own how to split ownership of the dogs. The judge warned that:
if the court cannot reach a decision on where the dogs go, it is open to the court under the legislation to order them sold and the proceeds split — something I am sure neither party wants.
The judge’s message was clear: decisions on who gets to keep pets are better made by separating couples acting in a cooperative manner than by courts.
Should jurisdictions follow Alaska’s example and have courts consider the well-being of pets in the case of a relationship breakdown? Or is the Saskatoon judge on the right track when he insists that couples resolve the issue on their own?
