Supreme Court orders shared custody of Stella the golden for BC exes
A BC judge has ordered a broken-up couple to share custody of their dog, Stella, in a court decision this week.
BC updated its Family Law Act this year so that pets are no longer seen as possessions, but as members of the family. This week, a BC judge applied the new principles to the real world.
Sahar Bayat, a nurse, went to court to get shared custody of her beloved golden retriever, Stella, along with ex-partner Omid Mavedati who’s a veterinarian.
The couple bought Stella when they were living together in 2020, but they broke up in 2023.
The judge determined that both parties loved and cared for Stella, had contributed financially to her well-being, and were professionals capable of caring for her. The couple was ordered to share custody of Stella on a week-on, week-off basis.
The updates to BC’s Family Law Act came into effect in January. Judges now must consider eight factors when making decisions about the future of family pets:
- The circumstances of how the pet was acquired
- How much each spouse cared for the pet
- Any history of family violence
- Any risk of family violence
- Any cruelty or threat of cruelty toward the animal
- Relationship a child or children have with the animal
- The willingness and ability of each spouse to care for the pet
- Any other relevant circumstances
Animal law laywer Rebeka Breder tells Daily Hive this case is one of the first, if not the first time the new changes have been tested in the BC Supreme Court.
She’s pleased to see shared custody becoming possible. In fact, it was one of the changes she’s been advocating for along with the law considering the best interests of the animal in the event of a breakup or divorce.
The April 15 decision is an interim decision, not a final one. Breder also clarified that, currently, the BC Supreme Court cannot order a shared custody agreement out of the blue — it must build off an already existing agreement.
“I’m really happy with this decision because it really reflects where the law is and should be going for animals — which is to consider the best interest. And sometimes the best interest of companion animals includes a shared custody order.”
The BC Supreme Court has authority to make decisions on companion animals under the Family Law Act, but pet disputes can also be taken to small claims court — which is where Breder does most of her litigation on the topic.
Would you go to court for your pet after a breakup? Let us know in the comments.
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