We all love our pets (especially us). But where do they go in a relationship breakdown? It’s common for people to ask the Court to treat their pets like children when it comes to making Orders. However, there are currently no processes for determining who keeps ownership of the family pets.
Disputes regarding dogs, cats and other pets have rarely been resolved by the Family Law Court even in the circumstances of separating couples that may have difficulty deciding who keeps the family pets. It has not been considered cost-effective to litigate on the matter of pets.
But that’s about to change!
New laws are coming into effect 10 June 2025, causing pets to now be considered “companion animals” and to be considered a specific category of property. Meaning the Court will now have jurisdiction to make Orders in relation to pets in property matters.
Courts will now be required to consider factors specific to companion animals. Some of the factors to be considered in making an order are:
- the circumstances the animal was acquired
- who currently has ownership
- the extent each party cared for and paid for animal
- Any history of threatened cruelty or abuse
- Any attachment by a party or child of the marriage
- Family violence by one party on the other
The Court can make interim and final orders about a companion animal, including Orders by consent. They may also Order that one party have sole ownership of a companion animal, that it be transferred to another person with their consent, or that it be sold.
Definition of a companion animal
The Act defines a companion animal as an animal kept primarily for companionship. It does not include an assistance animal, or an animal kept as part of a business, for agricultural purposes or for use in laboratory tests or experiments.
Animals that are for more than one purpose would be excluded from the definition of a companion animal. For example, a sheep dog that is a companion but also used to herd sheep as part of operating a farm. Animals that are not companion animals can be addressed as any other type of property interest.
Will we be able to get shared custody?
Similar to proposals for children, pet disputes come with proposals for sole residence, shared care and spending time with the pet. The courts are very hesitant to make orders for shared custody arrangement and such an approach does not appear likely to be permitted once the amendments commence. The Family Law Amendment Bill 2024 does not permit joint ownership or shared care of pets. The court can only order one party to have sole ownership.
