In Droit de la famille — 25605 2025 QCCS 2978, Justice Bruno Guillot-Hurtubise of the Superior Court of Quebec issued a ground breaking family law decision that redefines the legal treatment of animals in Quebec family law. At the heart of the judgment was the question of whether the family’s pets–specifically, the child’s horses and companion animals–could remain in her care despite the absence of a formal ownership dispute.
The Court invoked Article 898.1 C.C.Q., which recognizes animals as sentient beings with biological needs. This provision, added to the Code in 2015, marks a significant departure from traditional property law and opens the door to a more empathetic and biologically grounded approach to animal-related decisions.
The Court asserted jurisdiction to grant a right of use over the family pets, despite the absence of specific legislation governing pet custody in Québec. By interpreting Article 898.1 C.C.Q., in conjunction with the best interest of the child, Justice Guillot-Hurtubise affirmed that courts can issue provisional orders to protect emotional bonds and biological needs.
The Court recognized the child’s emotional bond with her pets as a legally significant factor–elevating it beyond the realm of typical extracurricular activities. The ruling emphasized that severing these bonds could cause emotional harm and jeopardize the child’s overall well-being, underscoring the importance of nurturing psychological and emotional stability. The judge reasoned that courts must be empowered to issue such orders when the biological and emotional needs of sentient beings intersect with the best interests of a child.
Viewed in its entirety, this judgement exemplifies a progressive and child-focused evolution of Québec civil law–where statutory interpretation is guided not only by legal precision but by empathetic judicial discretion. It reflects a jurisprudence that is both holistic and adaptive, where emotional well-being and the evolving legal status of animals converge in service of justice. Furthermore, it signals a shift toward recognizing the relational value of animals in family dynamics–not just as property, but as beings whose presence can be essential to a child’s development and emotional health.
With longstanding experience in family, estate, and civil law, Allen Madelin Inc. remains dedicated to navigating complex legal issues with clarity and care. Our work in these areas continues to shape thoughtful legal outcomes across Quebec.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
