Understanding Pet Custody After Separation Under New Family Law Changes
By Cassandra Youssef
Special Counsel and Accredited Family Law Specialist
RAFTON FAMILY LAWYERS PENRITH PARRAMATTA RICHMOND NARELLAN
What Happens to a Family Pet Following a Separation?
Family pets are an important and cherished part of family life, but what happens to those pets when parties separate?
In most cases, separated couples negotiate and try to agree on the arrangements for family pets following a separation. This can be very difficult especially if both parties wish to keep the pet.
Previously, the Family Law Act 1975 (Cth) did not cover family pets as part of property settlement considerations. As such there was no legal framework to determine what happens to pets after a separation. Negotiations might occur between parties on the basis of who originally purchased the pet, and the name of the party the pet was registered to, but this often did little to help find a solution for separated parties.
How is the Family Law Act 1975 Changing About Pets?
The Family Law Act 1975 (Cth) will undergo amendments which commence from 10 June 2025. These amendments will change the way the Federal Circuit and Family Court of Australia (“the Court”) will determine how property settlements are determined.
One of those amendments includes allowing the Court to determine a dispute about the ownership of companion animals (meaning family pets).
After 10 June 2025 if parties cannot agree on the ownership of their pets, they are able to apply for an order from the Court.
What Type of Pets Are Covered?
A family pet is referred to as a “companion animal” in the Family Law Act 1975. A companion animal is defined as an animal kept by one or both parties in a marriage or de facto relationship primarily for the purpose of companionship.
Companion animals are not animals that are kept for business, agricultural or laboratory purposes. Disability assistance animals are also excluded.
What Orders Can a Court Make About Pets?
The Court can make orders on an interim (temporary) basis or a final basis. The Court can make orders at a hearing or with the consent of both parties.
There are 3 options for the Court in determining pet ownership:
- That one party to the marriage or de facto relationship or another third party who has been joined to the proceedings has ownership. Only one party can have ownership.
- Ownership can be transferred to another person being a third party. That person must consent to the order being made.
- Alternatively, the Court can order that the pet be sold.
The Court cannot make other orders about pet ownership, such as for ownership to be shared jointly between parties or for the parties to share time with their pets.
What Does the Court Consider When making Orders About Pets?
The Court must consider a number of factors when making a decision about a family pet including:
- How the pet was originally acquired by the parties
- Who has current ownership and possession of the pet
- The extent to which each party cared for the pet including the cost of maintenance
- Any history of family violence between the parties
- Any history of actual or threatened cruelty or abuse towards the pet
- The level of attachment between the pet and each party including children
- The ability of each party to continue to care for and maintain the pet
These new amendments provide a framework to determine disputes about family pets. Filing a court application to seek formal orders about family pets would likely be a last resort after other options have been explored such as negotiation via letters or as part of a property mediation.
Rafton Family Lawyers have a team of experienced family lawyers who can advise you about your family pets as part of your property settlement matter. If you have questions or concerns about your pet and you wish to seek further advice, please contact us at reception@rafton.com.au – we’re always here to help you and your pet.