The Supreme Court’s first application of the new companion‑animal provisions in the Family Law Act clarifies how “pet custody” is decided on separation. Justice Gomery held that dogs are no longer treated as divisible property; instead the court must look at factors such as each party’s role in care, any history of family violence, and the animal’s bond with the children. Here, Ms. Glassen was granted sole ownership of “Toba” after the judge found joint possession would be contrary to the statute and that Mr. Glassen had acted unreasonably in arranging the dog’s care.
The ruling confirms that final orders for shared possession of a companion animal are prohibited, though temporary sharing may still be ordered before trial. Family‑law lawyers now have clear guidance on advising clients who are anxious about their pets when relationships break down.