Over the summer, Magnus, our resident cat and mascot, highlighted considerations for families going through breakups. Whether you are married or unmarried, do or don’t have children, if you have pets, you need a plan. Magnus gave 6 tips to improve your family by focusing on your animal companions who he noted  can get lost in the shuffle, upset and stress that happens when couples are breaking up or in court.  Magnus thought something should be done and, it turns out, he was right!

Apparently, Magnus’ feline fellows in Canada were able to get the attention of British Columbian legislators. Overdue changes were made to the family law act to better decide what is best for Fifi and other furry family friends.

Before the new law, animal companions in Canada were put on the same level as the family car, a piece of furniture or a wall-hanging. This is how Oregon laws treat family pets. It is clear this model doesn’t reflect the huge value your pets have to you. It also doesn’t recognize the wide-range of benefits pets provide, including: 

• • Companionship: loyal, affectionate and amusing, pets enrich our lives and help us keep the routines that are so anchoring during times of stress and upheaval

• • Health Benefits: according to the National Institute of Health, pets decrease stress, improve heart health, encourage physical movement and lessen the impact of depression and anxiety. Studies show that interacting with animals can decrease cortisol (the “stress hormone”), lower blood pressure and decrease feelings of isolation and loneliness

• • Valuable Lessons:  the same NIH article notes the positive impact pets have to help children develop emotional and social skills. Having pet chores builds responsibility, a sense of competence and helps children develop routines. Pets also teach their adult humans about important stress management tools as explained by Dr. Ann Berger, a doctor and researcher at the NIH Clinical Center. Dr. Berger notes that dogs innately display all the building blocks of mindfulness strategies so important to healing from serious illness and managing chronic stress, such as attention, compassion and intention

• • Helpers:  Dogs have helped humans for thousands of years: sounding alerts, hunting and herding. In recent decades, dogs have been used to detect other threats to human health including, cancer and diabetes. Fido is not alone; cats too can sense illness related smells and react to behavioral changes that foreshadow seizures.  Dogs are used to locate life after natural disasters, sniff drugs and guide non-abled humans due to sight, hearing or emotional differences

• • Home 

For all their superpowers, our pets are vulnerable in times of crisis.  The biggest threats are those of neglect and abuse connected to domestic violence.  In fact, 71% of pet owners entering domestic violence shelters report that their batterer threatened, injured or killed family pets.  This behavior is often done as a tool of revenge or control (87% of pet abuse are committed in the presence of the partner) and can be devastating to children witnessing it (76% of pet abuse occurs in front of children) (for more, click here).  But as Magnus pointed out, pets can also suffer in less extreme ways: separated from their primary caregivers, exercise and routines can be temporarily overlooked and they can struggle to adapt to a new home.

Pets can pose an additional hurdle for you if they become another legal battle if you and your partner disagree over their ownership and rights of contact.  Family law judges have struggled for years with the issues of pet “custody” and contact because the only legal framework is that of diving personal (and inanimate) property.  That remains the law in Oregon but perhaps our lawmakers will look north to see the exciting new law that went into effect last week.   

Last Monday, changes in British Columbia Family Law Act took effect to improve the way pet ownership is decided when a family is breaking up – whether by separation or divorce. Judges in British Columbia are now able to consider a person’s ability and willingness to care for an animal, weight the relationships between a child and an animal and assess the risks of animal cruelty. In short, the important role pets play in our lives has been written into the law to give better guidance for people and judges.

Although Oregon’s family law doesn’t have a similar section outlining how pet ownership is decided, that doesn’t mean that all hope is lost for Fido and Whiskers.  Magnus asked me to pass along three things to think about if you have a beloved family pet (which he says is redundant – of course your pet is beloved!) 

First, if you are coping with domestic violence, know that Oregon Family Abuse Protection Act  specifically permits a judge to protect pets, service and therapy animals to prevent abuse or neglect. 

Second, Oregon law puts a priority on children’s best interests–even in the context of property division.

Third, (and especially if children are not involved in your situation) all property divisions in Oregon are supposed to be made in a way that is “just and proper,” giving you a range of arguments in favor of keeping Mr. Barkers or Miss Bella.

As a bonus tip, consider the fact that (unlike a chair), your pets are mobile so you can both spend time with them.  Unlike children, they don’t have school schedules to disrupt. In short, pets don’t have to be an all or nothing consideration.  It will benefit everyone to avoid weaponizing a pet, fighting over them, or denying all the many benefits of pet ownership. After all, time spent with a pet is likely to calm and uplift the custodian which will help you all reach a better, more peaceable  outcome in your case.