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New B.C. law mandates shared custody of pet dog, judge rules

Landmark B.C. Court Decision Grants Shared Custody of Golden Retriever Stella Under New Pet Laws

A golden retriever named Stella has made legal history in British Columbia, as a recent upper court decision recognized pets as family members rather than just property. The ruling, the first of its kind, came from a claim filed in B.C. Supreme Court in New Westminster by a woman seeking exclusive care of the dog after a breakup with her boyfriend last year.

Associate Judge Scott Nielsen ordered that custody of Stella be split evenly on a week on/week off basis, stating that both parties showed deep concern for the well-being of the dog. This decision comes after amendments to the Family Law Act clarified that pets are considered members of the family, not just property.

Victoria Shroff, a lawyer specializing in animal rights, emphasized the significance of the court decision based on the new legislation. She highlighted the judge’s acknowledgment of animals as sentient beings and the elevated status they hold as family members.

The claimant, Sahar Bayat, and her former partner, Omid Mavedati, purchased Stella together in 2020. After their relationship ended, Bayat sought shared custody of the dog, leading to a legal battle that cost her over $60,000 in fees. The new legislation played a crucial role in Bayat’s successful bid for joint custody of Stella.

Judge Nielsen’s decision considered various factors outlined in the updated laws, including the circumstances of acquiring the animal, care provided by each party, and the bond between the pet and any children involved. Shroff praised British Columbia for leading the way in recognizing animals as more than mere property.

The case of Stella sets a precedent for future pet custody disputes in British Columbia and highlights the evolving legal status of animals as valued members of the family.

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