Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.
An Alberta woman is calling for changes to the way pets are treated under provincial family law.
Kathy Rolfe does not have access to her three dogs. Divorce courts are currently dividing property, which was previously shared with her spouse, including her valued companions.
“They’re actually seen as more like a sofa or a TV set than a living, breathing animal with feelings,” says Rolfe. “It’s not just me.
“This is happening across Alberta – where there is a real sense of helplessness that comes with not being able to see your pets.”
Under Alberta’s current Family Law Act, pets are considered property.
“So the legal doctrine around property division is relevant – which doesn’t always match the social reality of pet ownership,” explained Elizabeth Stewart, family lawyer for Soby Boyden Lenz in Calgary.
“The judge is going to wonder, ‘Who bought the pet? Under whose name is the pet registered? Who paid the vet bills?’”
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Rolfe is calling on the province to follow British Columbia’s lead. Earlier this year, that province made changes to consider pets “pets” rather than “property” under family law.
“They’re going to look at the children and the children’s scenes around the pet. They’re going to look at whether the pet was ever subjected to any family violence,” Stewart said of BC’s changes.
Rolfe has also launched a petition on Change.org. When published on Tuesday afternoon, it had been signed just over 300 times.
Kathy Rolfe is calling on Alberta to make changes to the way incarceration or “possession” of pets is decided in Alberta courts.
change.org
In a statement to Global News, Alberta’s justice ministry said:
“Alberta is aware of recent legislative changes in BC to allow courts to consider ownership and possession pets under a special category during separation proceedings under the Family Law Act. Alberta is not currently considering legislative changes related to pets in the context of family law disputes.”
& copy 2024 Global News, a division of Corus Entertainment Inc.
(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
source link https://globalnews.ca/news/10772732/alberta-family-law-pets-petition/
