Four cats will remain divided between ex-couple after custody battle, Alberta judge says
Parenthood and pet ownership should not be conflated, says an Alberta judge about a case involving a bad breakup between a former couple and their fight over four cats they once owned together.
“The legal test applicable to determining parenting after separation should be different than that for deciding the placement of pets after separation,” wrote Justice Douglas R. Mah in a court document outlining the reasons for his decision last month.
Two of the four felines have been living with one owner and two with the other since a previous court decision in December 2024. But one owner appealed, wanting full custody of the pets and urging Mah to consider the cats’ “best interest.”
Mah wrote, respectfully, that doing so is “overstating the nature of the inquiry that is required.” Each owner would keep two cats. Mah noted the difference between the purposes of parenthood, to nurture and raise children, and pet ownership, for companionship.
As pointed out in an overview of the case posted online by Canadian law firm McLennon Ross, “Alberta does not recognize a ‘best interests of the pet’ test” and “joint ownership may justify dividing pets between parties.”
“As one moves down the evolutionary scale, I am less convinced that pets should be regarded in law as anything more than property. I hope that does not sound harsh or that I am anti-animal rights,” Mah wrote.
“But apart from animal welfare laws, I don’t think the Court should be concerned with inquiring into the emotional life of pets in the order of hamsters, parrots, reptiles and tropical fish in determining disputed ownership.”
Although, he added, dogs and cats are recognized by society as having “a degree of sentience, are able to feel emotions and may form real bonds with people and peer animals.” Therefore, the emotional attachment between a pet and its owner is a factor.
Kishan Singh and Reba Smith lived together as a couple from 2016 to 2022, during which time they welcomed four cats into their home. “Salem came from an online advertisement. Diablo was acquired from the SPCA. Zora and Samara were both rescued as strays,” according to court documents.
After breaking up, they remained roommates until March 30, 2023, when they got into a “heated argument.” Smith left the home. When she returned the next day for her belongings, the cats were gone. Singh had removed them from the home, and they remained in his care for roughly six months.
The pets were given back to Smith on Oct. 3 following a court order. Then, as part of the Dec. 19, 2024 decision, the cats were divided between the couple. And after Mah’s decision, they “will stay where they are,” he wrote.
Singh had also appealed a lower court decision not to award him costs associated with caring for the cats during the time period in which he had all four. Mah rejected this appeal as well.
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