Author: Carol Pages, Pages Family Law.
If you’re separating and wondering who gets the pet, you’re not alone. Until now pets have been treated as property in Australian family law. Important changes to the Family Law Act are about to change how companion animals are considered during divorce and separation proceedings.
New laws about pets after separation
Under the upcoming amendments to the Family Law Act, the Federal Circuit Court and Family Court of Australia will be able to make specific orders about the ownership of pets. This includes the power to transfer ownership of a companion animal from one party to the other.
When deciding who gets the pet after separation, the Court will consider a number of factors including:
- The circumstances in which the pet was acquired;
- Who currently has possession of the animal;
- Who cared for and paid for the pet’s upkeep;
- Any incidents of family violence;
- Any history or risk of cruelty or abuse towards the pet;
- Emotional attachment by either party or any children to the animal;
- The ability of each party to care for the pet in the future;
- Any other relevant fact or circumstances.
What is a companion animal?
A companion animal is an animal kept primarily for companionship. This includes dogs, cats and other pets but excludes:
- ● Assistance animals, such as guide dogs
- ● Animals kept for business or commercial use.
If an animal has dual purpose – such as a sheep dog working in a farm as well as living with the family, it would not be covered by the definition and will continue to be treated as property under family law.
Can you share pet custody after separation?
Yes – shared care of pets is possible if you both agree. This can work particularly well where pets move between homes alongside the children.
However, if the matter goes to Court, the Court will not make orders for shared care or joint ownership of pets. Instead, the Court will award ownership to one party based on the factors listed above.
Final thoughts on pets and separation
If you are going through a separation and you are concerned about what will happen to your pet, it is important to understand your rights under the new Family Law Act provisions. As these changes come into effect next month, pets in family law disputes will receive more nuanced consideration than before.
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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.
Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.
