Pet Custody Mediation Advantages in BC

At the time of separation or divorce, many families find themselves struggling over the ownership and custody of their beloved family pet. Pet custody disputes arise. And for some families, the thought of spending thousands of dollars on legal fees fighting over the ownership and custody of a pet is not a feasible option.

Thankfully, any family law issue can be mediated, including the ownership and custody of a family pet with the help of a pet mediator.

What is Pet Mediation in BC?

Pet Mediation in BC is an alternative dispute resolution method specifically tailored to handle conflicts arising from pet custody issues during divorce proceedings. The objective is to find solutions that prioritize the welfare of the pets and the interests of the parties involved.

What Mediation Can Do Which the Courts Can’t.

The most important thing to consider when you are contemplating court or mediation with respect to your pet custody dispute is whether there is a chance you’d share the pet with your ex-spouse.

Currently the Courts in BC are not allowed to order shared custody of pets. If you go to court only one person can keep the pet which can be devastating and extremely risky. Through mediation though, you can agree on a schedule for pet visitation which may work for both pet owners and ensure the pet is loved and cared for by all.

How Can I Mediate a Pet Custody Dispute?

Section 92 (e) to (g) of the Family Law Act, acknowledges that spouses may make agreements to:

1. jointly own a companion animal;
2. share possession of a companion animal; or
3. give exclusive ownership or possession of a companion animal to one of the spouses.

Therefore you are allowed to mediate pet custody disputes through legislation.

What Can Be Resolved at Pet Mediation?

1. Sole Ownership or Shared Ownership of the pet: 
2. Visitation Schedules: Establishing visitation schedules or shared ownership arrangements to ensure both spouses have regular access to the pet.
3. Living Arrangements: Deciding on the living arrangements for the pet, such as whether the pet will stay with one spouse, alternate between households, or have a combination of both.
4. Financial Responsibilities: Allocating financial responsibilities for pet care, including expenses related to food, veterinary care, grooming, and other necessities.
5. Decision-Making Authority: Clarifying decision-making authority regarding the pet’s health, welfare, and other important matters, such as medical treatment, training, and grooming.
6. Emergency Care Plans: Establishing protocols for emergency situations, such as who is responsible for making decisions in case of a pet-related emergency or who will provide temporary care if one spouse is unavailable.
7. Transportation Arrangements: Addressing transportation arrangements for the pet during visitation exchanges or transitions between households.
8. Dispute Resolution Mechanisms: Establishing procedures for resolving disputes or disagreements that may arise in the future regarding pet custody, such as revisiting the mediation process.

Why Should I Mediate my Pet Custody Issue?

Pet Mediation offers several benefits for divorcing couples including:

1. Substantially saving on legal fees and having one flat fee that the pet owners generally share equally
2. Flexible and Creative Solutions;
3. Being in control of the pet’s destiny and reducing risk
4. Reducing Conflict;
5. Faster Results.

At the time of this blog, there has been a lot of media attention around a court decision about a dog named Stella in the BC Supreme Court case of Bayat v Mavedati, 2024 BCSC 619 where Associate Judge Neilsen ordered joint custody of Stella. What a lot of media has failed to outline is that this court decision is an “interim order”, which means a temporary order. In most cases, interim orders are made to help reduce ongoing conflict until the full issue can be heard in trial. The final outcome of Stella’s custody remains unknown until a trial occurs. In addition, it remains unknown as to whether Associate Judge Neilsen’s interim order would be upheld on an appeal or after a trial given the wording of the Family Law Act that says the Court can’t order joint custody. With all this legal uncertainty, it is less risky and costly to mediate your pet custody issues.

What is the Cost of Pet Mediation in BC?

We offer two option to mediator with our pet mediator, Katie Panton: 

1. A flat rate of $2,500 plus taxes and disbursements for a full day of mediation up to 8 hours. This includes pre-screening calls with the parties, review of the mediation brief/summary of the case and drafting of Minutes of Settlement.
2. An hourly rate set at the mediator’s hourly rate plus taxes and disbursements.  Learn more about our mediation options here.

Is Pet Mediation Only for Divorcing Couples?

No. Pet Mediation can be useful in situations other than divorce, such as:

1. Ownership Disputes for Non-Spouses: When two or more individuals claim ownership or custody rights over a pet, mediation can help facilitate discussions and negotiations to determine the best arrangement for the pet’s well-being.
2. Neighbor Disputes: Conflicts may arise when pets cause disturbances, such as excessive barking, damage to property, or aggression towards other animals. Mediation can help neighbors resolve these issues by finding mutually agreeable solutions.
3. Veterinary Care Decisions: In cases where pet owners disagree on medical treatments, surgeries, or end-of-life decisions for their pets.
4. Breeder or Seller Disputes: Mediation can be beneficial when conflicts arise between pet owners and breeders or sellers over issues like misrepresentation of breed, health conditions, or contractual obligations.
   

   Two of YLaw’s best employees

Why YLaw for Pet Custody Mediation?

First one, we are huge animal lovers and have several pets at our offices every day.

Other benefits:

1. We have offices all across the Lower Mainland including Vancouver, Surrey and North Vancouver;
2. We offer set, flat fees for mediation;
3. We do family and pet law all day, everyday;
4. We have litigated and negotiated many pet custody cases.