Dog will be shared after B.C. 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 to be heard in B.C. Supreme Court after the province passed a law ensuring pets are to be treated as family, not property, after a breakup.

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“It makes me very happy because I have always pleaded with the court that decisions must be made in the best interest of the animal and that sometimes includes shared custody of an animal,” said animal law lawyer Rebeka Breder.

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

But other factors have to be considered as well, such as a child’s attachment to the pet, who cares for it and whether there’s any family violence, according to a government website.

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

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

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 the reasons for judgment by Associate Judge Scott Nielsen.

Mavedati had a receipt for Stella and Bayat sent him an e-transfer for half that amount, made several other payments for her care and created an Instagram for her, said Nielsen in his judgment delivered earlier in B.C. Supreme Court and published this week.

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Bayat in her claim alleged Mavedati had been “neglectful and cruel” to Stella, including that he delayed having her spayed, allowed her to socialize with dogs while unvaccinated, provided improper bedding and hit her when she peed on the floor, the judge wrote.

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

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

He noted the law now recognizes the “sentience of the animal” and puts pet ownership above that of a chattel before he made an order on an interim basis granting them alternating weeks with the dog, unless they agree on other arrangements or the court orders otherwise.

Breder said because the reasons for judgment were made in chambers by an associate judge, it’s likely Nielsen was issuing his judgment based on a prior agreement not referred to in the reasons. Associate judges don’t have the jurisdiction to issue a final court order, she said.

The B.C. Courts’ website says the “law does not allow a judge to order that spouses share possession or own the animal jointly,” but Breder said another section of the Act does allow shared custody under certain circumstances.

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“I purchased Stella and took care of all her needs but because she lived with me for two years, the judge gave (Bayat) 50 per cent custody of my dog, which is not shocking news these days,” Mavedati said by the Messenger app.

Neither Bayat or her lawyer returned requests for comment.

Animal law lawyer Victoria Shroff, who also made submissions during the drafting of the new law, said since shared custody of animals can sometimes be used by a violent partner to intimidate or torment an ex-partner, joint custody isn’t always appropriate.

The new law will have a bearing on any claims filed under the Family Law Act in B.C. Supreme Court, where claims of $35,000 or more are heard, or provincial court for disputes over $5,000. Pet custody cases up to $5,000 can be heard by the civil resolution tribunal, where pets might still be considered property, said Breder.

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