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Not Just Property: Pets Take Their Place in Family Law
Partner, Dr Steven Cohen and the Family Law team discusses this important topic.
When a couple splits, deciding care for children can be messy—but what happens when the dispute is over a pet that’s been part of the family for years?
Until recently, Australian family courts treated pets as property. They could not make “parenting style orders” for them.
Thanks to the Family Law Amendment Act 2024, family law now recognises pets as family.
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.
How can HHG Legal Group help?
*The information provided in this website serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.