Partner, Dr Steven Cohen and the Family Law team discusses this important topic.
What happens to family pets after separation under Australia’s new family law reforms?
The Family Law Amendment Act 2024 recognises that pets can have a special place within families and gives courts specific powers to make orders about companion animals after separation. While courts can decide who keeps a pet, transfer ownership, or order its sale, they cannot order shared ownership. In making these decisions, the court will consider factors such as who cared for the animal, each party’s ability to look after it, any history of family violence or animal cruelty, and the bond between the pet and family members.
What Does this Mean?
Traditionally, animals, including pets, were treated as chattels or personal property in family law disputes. Ownership was based on possession or registration, and the court’s role was limited when deciding which party retained the animal.
The court can now make orders regarding the ownership, transfer, or sale of a companion animal, but it cannot order shared ownership or joint possession.
Which Pets are Recognised?
Legally, under the Family Law Act 1975 (Cth), pets are referred to as “companion animals” and defined as animals primarily kept for companionship by one or both parties in a marriage or de facto relationship.
Your family dog? Yes, it counts as a companion animal.
Your family cat? Absolutely.
Your feathered friend? Included.
Not all animals make the cut though:
- Assistance animals, like guide dogs, are not included in the amendment.
- Animals kept for business? No.
- Farm animals for agriculture. They’re out.
- Lab animals used in experiments? Don’t qualify as a companion animal.
What Orders Can the Family Court Make?
For married couples, possible orders include:
- Granting ownership of the companion animal to one party;
- Transferring the companion animal to another person; or
- Ordering the companion animal be sold.
De facto couples, are also able to seek these types of Orders.
How the Court Determines Who Keeps the Companion Animal
When determining applications by a party for animal orders, the Court must consider:
- How and when the animal was acquired;
- Who currently owns or looks after the animal;
- How much each person has cared for and contributed to the animal’s upkeep;
- Any family violence or history of cruelty towards the animal;
- The bond or attachment a party or child has with the animal;
- Each party’s ability to care for the animal in the future on their own; and
- Any other relevant factors the Court considers important.
With the amendment still fresh, the Family Court has not published any decisions on these new rules. How the law develops will be closely observed.
Overall, the amendments represent a positive step in recognising the long-held belief that, for many, pets are part of the family.