Who gets Buddy? Pets and Divorce

by Diane McInnis

​There is nothing like a celebrity breakup to get people talking about certain issues around separation and divorce. A few years ago it was Gwyneth Paltrow and Chris Martin talking about “conscientious uncoupling”. That sounds like doublespeak for what those of us who practice family law call a “collaborative family law” approach to separation and divorce. I was listening to CBC and there was talk about Johnny Depp’s divorce from Amber Heard. Apparently, an issue in their divorce was “who gets to keep the two dogs?” Yorkshire Terriers – Pistol and Boo. Without getting involved or being “judgy” about how these pets were named, it appears that in the final settlement, Heard got to keep the dogs.

​Custody disputes over pets are not uncommon. While typically, in Canadian law, pets are property. The reality is that pets form an integral part of the family, and often both parties have a close bond with the pet. When children are involved, care and control of the pet is often determined by the residency plan of the children. Sometimes, the pet moves with the children.

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