Dog to be shared after British Columbia woman loses bid for sole custody

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A woman seeking sole custody of her golden retriever after a family breakup was ordered to share the pet with her ex.

It was the first case heard in British Columbia’s Supreme Court after the province passed a law ensuring pets are treated like family, not property, after a breakup.

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“It makes me very happy because I have always advocated in court that decisions should be made in the best interest of the animal and that sometimes includes joint custody of an animal,” said animal law attorney Rebeka Breder.

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Before the Family Law Act was revised on January 15, courts considered animals to be property based on who paid for the animal and its upkeep.

But other factors must also be taken into account, such as the child’s attachment to the pet, who cares for it and whether there is family violence, according to a government website.

The factors also include “any other circumstances” that the court deems relevant, said Breder, who made presentations during the drafting of the new law.

“It’s not just about who paid the dog and vet bills and who walked them, but also who is the best person to care for the pet,” Breder said.

Sahar Bayat, a nurse, and her ex, Omid Mavedati, a veterinarian, bought the dog in August 2020, about five months after they moved in together. They separated in February 2023, according to Associate Judge Scott Nielsen’s reasons for sentencing.

Mavedati had a receipt for Stella and Bayat sent her an electronic transfer for half that amount, made several other payments for her care and created an Instagram for her, Nielsen said in her ruling handed down earlier in the British Columbia Supreme Court and published this week.

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In her lawsuit, Bayat alleged that Mavedati had been “negulous and cruel” to Stella, including delaying her sterilization, allowing her to socialize with dogs while she was unvaccinated, providing her with inadequate bedding and hitting her when she urinated on the floor, she wrote. Judge.

And Stella may have once contracted worms, and Bayat “claims this is evidence of abuse,” she said.

Neilsen dismissed all allegations “based on the evidence” and both “clearly love Stella” and have filed several costly court applications to try to keep her.

He noted that the law now recognizes the “sensitivity of the animal” and puts the ownership of a pet before that of personal property before issuing an interim order granting them alternating weeks with the dog, unless they agree to other arrangements or the court orders otherwise. .

Breder said that because the reasons for the ruling were delivered in court by an associate judge, it is likely that Nielsen was issuing his ruling based on a prior agreement that was not referenced in the reasons. Associate judges do not have jurisdiction to issue a final injunction, she said.

The BC Courts website says “the law does not allow a judge to order that spouses share possession or joint ownership of the animal,” but Breder said another section of the law does allow for shared custody under certain conditions. circumstances.

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“I bought Stella and took care of all her needs, but since she lived with me for two years, the judge gave her (Bayat) 50 percent custody of my dog, which is not surprising news these days.” said Mavedati in the Messenger app. .

Neither Bayat nor his lawyer responded to requests for comment.

Animal law lawyer Victoria Shroff, who also made presentations during the drafting of the new law, said that since joint custody of animals can sometimes be used by a violent partner to intimidate or torment a former partner, joint custody shared is not always appropriate.

The new law will affect any claims brought under the Family Law Act in the British Columbia Supreme Court, where claims worth $35,000 or more are heard, or in provincial court for disputes over $5,000. Pet custody cases of up to $5,000 can be heard by civil resolution court, where pets can still be considered property, Breder said.

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