The courts decide who has the right to keep a family pet after separation or divorce, but that changed today, Monday, with the entry into force of amendments to the Family Law in the province of British Columbia.

Until now, the issue of so-called pet custody was settled as part of property division. But a new section of legislation relating to "companion animals" changes that.

This step has been described as a welcome move by animal law lawyer F. Victoria Shroff in British Columbia.

She added in a press statement, "Pets are unique members of our families, not inanimate property like furniture, and our family laws now reflect this, and British Columbia has taken the lead in Canada when it comes to determining who gets the pet when couples separate."

This first-of-its-kind legislation helps clarify these difficult situations faced by families in British Columbia.

The legislation now provides a list of factors to consider when determining the fate of a family pet.

These factors, according to the legislation, are:

The circumstances under which the companion animal was acquired;

The extent of care each spouse provides for the companion animal;

Any history of family violence.

The risk of domestic violence.

The cruelty of the spouse or the threat of cruelty towards the animal.

The relationship the child has with the companion animal.

The willingness and ability of each spouse to care for the basic needs of the companion animal.

Additionally, the court may not issue an order granting what amounts to joint custody by declaring that the spouses jointly own the animal or must share possession of the animal.

Spouses are encouraged to enter into their own agreements regarding pet custody or ownership, with options including joint ownership, shared possession, or granting one partner exclusive possession of the pets. In cases where couples cannot agree, courts intervene and rely on the new considerations, and the changes do not apply to guide dogs or agricultural livestock.