Free legal clinic helps pet parents who are splitting up

As Rebecca Field Jager started her law school journey, she realized two things: there was a post-pandemic crisis of couples splitting up and fighting over pet ownership, and that she wanted to start a law clinic at the Lincoln Alexander School of Law.

“During the pandemic, people were moving in together and getting pets for extra companionship,” Jager said. “Now, unfortunately, couples are splitting up. In cases where both people want to keep the pet, we’re seeing that sometimes the pets are being used as pawns in the couple’s fight.”

The National Survey of Canadian Pet Owners found that Canadians adopted an estimated three million pets during the COVID-19 pandemic, and almost 80 per cent of Canadian homes have some type of pet. In Ontario, well over 50 per cent of households have pets.

Jager, who will soon be starting her third year of law school, brought together a team of law students over the past year and launched the Pro Bone-o Pet Dispute Clinic (external link) . The clinic offers free 30-minute virtual consultations to pet parents in Ontario who are going through a breakup and navigating pet custody. The clinic plans to roll out more services this fall.

“A lot of us on the team have pets of our own and we understand that custody disputes are a big deal,” said Anasofia Heilbron, an incoming third-year law student involved with the clinic. 

“I also love creating things and this was an initiative that didn’t exist at the school or in all of Ontario. We started the clinic from the bottom up and it’s like building a small business.”

Pets are ‘sentient beings’

The pet dispute clinic started in March of this year after students completed dry runs and training sessions with practising lawyers. It’s run by nine law students who are guided by two faculty advisors and a team of community lawyers who volunteer their time and expertise in family law.

“Although it’s a pet dispute clinic, it’s in the realm of family law,” Heilbron said. “If people are breaking up, it can get complicated. We had training on how to identify family violence, how to explain related law and how to manage client expectations.”

Under current Ontario law, pets are considered possessions or personal belongings such as furniture. When a couple splits, the person who bought the pet or got it as a special gift usually ends up with custody.

“We’re in the era of people seeing their dogs and cats as their children,” Heilbron said. “They are a special member of the family. People are very sensitive to that. We help anyone going through a separation and wanting to explore their options for keeping their pet.”

Recent changes in British Columbia have brought the issue of pet custody into the spotlight. Last year, the province introduced changes to the Family Law Act that recognize pets as ‘sentient beings’ who should be treated like family members.

“Just like the law deals with child custody cases, there are growing calls for the law to take into consideration the bond between pets and their parents, as well as the pet’s own best interests and needs,” Jager said.

A ‘pupnup’ can be your pet’s best friend

One of the goals of the clinic is to support people in becoming responsible pet parents and thinking of their pet’s best interests during custody disputes. 

“We are building a full clinic where people can talk to a mediator or a lawyer if they choose,” Jager said. “We provide legal information, resources and referral services to pet parents, and we have a blog on our website that covers a range of topics related to pet ownership.”

Under the guidance of the volunteer lawyers, Jager is hoping to develop a ‘pup-nup’ or a pet custody agreement at the clinic this fall with options that couples can explore before or shortly after they bring a pet home.

“When you get an animal with a partner, you need to consider a pup-nup; an agreement that at the very least indicates you will act in good faith should you split up,” she said. “I'd like to see the Pro Bone-o Pupnup as a symbol of responsibility for pet parents who can carry it as a badge of honour that they act in the best interest of their pet.”

Upcoming clinic dates

To book a consultation, complete the Pro Bone-o Pet Dispute Clinic intake form (external link) . 

The clinic has three upcoming dates, with more dates to be added soon.

• Saturday, June 22, 2024, 9:00 a.m. - 1:00 p.m.
• Saturday, July 27, 2024, 9:00 a.m. - 1:00 p.m.
• Saturday, August  24, 2024, 9:00 a.m. - 1:00 p.m.

Services of the clinic are free and open to all Ontario residents.