Maybe.

On December 17, 2004, in the Ontario case of Warnica v. Gering, Mr. Justice Timms dismissed Christopher Warnica’s claim for shared joint custody of a pet dog named Tuxedo. In that case, the judge stated that courts should not be in the business of making custody orders for pets. Although the judge acknowledged that pets are of great importance to human beings, Mr. Justice Timms stated that some people go to extraordinary lengths to preserve that relationship. That is why Mr. Justice Timms ultimately ended Mr. Warnica’s case.

As for pet support, in the Alberta case of Boschee v. Duncan, [2004] A.J. 677, in addition to seeking $1,500 per month in spousal support, the wife claimed $200 per month to support her husband’s St. Bernard dog. The wife argued that she required pet support to cover the veterinary costs and the costs of feeding and caring for the dog after her husband left the dog in her care. The court found that a St. Bernard dog costs more to maintain and feed than the usual smaller variety. The judge hearing this case ruled that $200 per month was a reasonable sum to compensate the wife for the time and expense required to look after her husband’s dog and ordered him to pay pet support.

When a couple decides to part ways, it is often hardest on the children. They are forced to adjust to a new routine and a new or secondary home. To ease them into their new reality, parents need to create a warm, inviting and personalized space for the children so that they feel comfortable. Here are some tips on how to make a new or second dwelling feel like home:

1) Create a ‘Kids Zone’. Ensure there is a designated space for the children. Having their own bedroom will make them feel less like a guest and more like their home. If finances don’t permit, try to make the shared space special to them or designate a part of that space specifically for the children. Ensure the space has the functionality the children require such as sleep space, homework space, play space, space for friends, etc.

2) Involve the children in the process. No matter how old they are, have the children help decorate. If hiring a professional, have them consult with the children too. If they are older, set a budget and partner with the children in the design of their space. If they are younger, let them pick out their own pillows, bedding and decorations. If budget is a factor, create some DIY projects they can help with to save money. If they have a hand in creating their space, they will be more excited about it and it will be a more positive experience for them despite their parents’ separation.

3) Don’t be a hotel. Ensure they have a second set of key things so that they do not have to pack a suitcase every time they come over. They need to feel like it is their home, not a vacation. They may even want their room decorated the same way as their other home – which is fine. A second toothbrush and other toiletries, a good supply of clothing and pajamas, linens, toys, school/art supplies, etc. would be great to have. If they have a specific item they are attached to, try to purchase a second one. This way when they come over, they are coming home, rather than coming to visit.

4) No surprises. Keep a calendar visible that shows the children’s extra-curricular activities, when they will be with mom and dad, any family events they will participate in, etc. This way, they will feel more in control.

These tips will help ease children into their new environment and routine. If they are in a happy space, it will definitely help boost their mood and help them better cope with some of the feelings they may be having related to the separation. Even if it takes a small investment, it will be well worth it in the end.

By Erin Lazer, Owner of SpaceStyle Home Staging, Organizing and Design, www.SpaceStyle.ca, erin@spacestyle.ca

A custody/access assessment is a detailed investigation of a family’s situation by an educated and trained professional such as a social worker, psychologist or psychiatrist. The assessor will collect information relevant to the children’s relationship with their parents and then recommend a parenting plan that suits the best interests of the children. The assessor conducting the assessment will meet with the parents and the children, and sometimes with other people who are involved in the children’s life. The assessor will then write a report for the judge which contains recommendations on custody and access (now called a parenting plan). In most cases, the parents are responsible for the cost of the assessment. In some cases, the judge may ask the Office of the Children’s Lawyer, a government agency, to conduct an investigation and report back to the judge with recommendations. The Office of the Children’s Lawyer may assign a social worker to conduct the investigation or assign a lawyer to meet with the children so that their wishes can be communicated to the judge.