Can You Sue For Custody And Support Of Your Pet?

Judging from what the court ruled in this pet support/custody case, the short answer is you may be able to keep custody of your pet.

On December 17, 2004, in the case of Warnica v. Gering, Judge Timms dismissed Christopher Warnica’s claim for shared joint custody of a pet dog named Tuxedo. In that case, the judge stated that courts should not be in the business of making custody orders for pets. 

Although the judge acknowledged that pets are of great importance to human beings, Judge Timms stated that some people go to extraordinary lengths to preserve that relationship. With that observation, Judge Timms ended Mr. Warnica’s case.

You can successfully sue a former spouse sue for pet support

In the Alberta case of Boschee v. Duncan, [2004] A.J. 677, in addition to seeking $1,500 per month in spousal support, the wife claimed $200 per month to support her husband’s St. Bernard dog.

The wife argued that she required pet support to cover the veterinary costs and the costs of feeding and caring for the dog after her husband left the dog in her care. The court found that a St. Bernand dog costs more to maintain and feed than the usual smaller variety. 

The judge, therefore, ruled that $200 per month is a reasonable sum to compensate the wife for the time and expense required to look after her husband’s dog and ordered him to pay pet support.

Are you considering permanent separation from your spouse but aren’t sure how to file for divorce?

SplitEasy makes it easy and affordable to file your divorce papers online. Our system has simplified the divorce procedure in Canada, providing a step by step guide to divorce for people who find the process too intimidating. Here’s how it works.