Pets and Amendments to the Family Law Act: Its Limitations and Suggested Additional Considerations Outside the Court
As a dog mum of my two miniature schnauzers Mocha & Lexi, I’ve always been interested in how the family law system deals with pets on separation. My dogs are my fur babies (along with my human child, being my third baby). They get special diets, extensive medical attention (due to their ages), and are even more reliant on their “parents” than some children are!
Many of my clients are upset to think of their beloved pets as “property”, and wish to have shared care arrangements for them, similar to parenting arrangements. They worry about how their pets will deal with being separated from them (or how they will cope with being separated from their beautiful pets). Unfortunately, a Court is not going to order shared ownership of a pet.
What Does the Court Consider When Making a Decision About Pet Arrangements?
If the Court is required to make a decision, the legislation which came into effect in 2025, sets out what the Court must consider, including:
how the pet was acquired;
who cared for the pet;
who has current ownership
any emotional attachment the parties or the children may have to the pet; and
relevant family violence to the pet or members of the family.
Sadly, the Pet’s Perspective is Not Considered by the Court
As all pet owners would know, the considerations for our pets are so much more than a set of legislative provisions and resolving arrangements for them should be with their interests foremost and, where possible, be made by the people with whom they live.
In Court, there is no consideration from the perspective of the pet, and for many of us pet owners, our lives can revolve around our pets, such that reducing the relevant considerations to such unemotional factors can be hard to understand.
In my opinion, the best outcome for pets will be if there can be an agreement between the parties which would allow them to take into account a broad range of considerations (which would not necessarily be taken into account by a Court), including:
How much presence does your pet need from someone being home?
Are you considering separating pets and how will that impact on them?
Are they anxious being home alone, or can they cope with long periods of your absence?
How will they react if they are away from particular members of the family for long periods of time?
Are you working from home, or do you have a commute to get to your office?
Do you travel frequently, or for long periods?
What will the living arrangements be – how much space do they need? A cat needs less space than a large dog, or an active pet.
Is your pet getting older and can’t make it up the stairs in your home without assistance, and so the single story home that your former partner is living in is the better option?
Who else will be living in your home with you, and how does your pet get along with them?
Will you have a housemate, and what impact does that have on your pet?
How much medical attention does your pet need, and who is best placed to ensure that treatment is provided? Which of you knows the details of your pets’ medical needs and health conditions?
How much exercise does your pet need, and who is best placed to ensure that happens?
And finally, does your pet have a favourite parent? In my house, I’m sure it’s me!
As noted earlier, a Court is not going to order shared care of a pet. The Court is limited with the orders that can be made to the following:
The pet be owned by one party to the relationship;
That your pet be transferred to a third party with their consent; or
That your pet be sold, and then how the sale proceeds are dealt with.
Although the legislation simplifies the possible outcomes for pets in a separation, pet owners know that for the pet, a separation of their “parents” is anything but simple, and is likely to have an impact on the pet.
Need Help with Pet Arrangements?
If you're navigating separation and have concerns about your pet, CE Family Law can help. Our experienced team understands the emotional significance of pets and can guide you through your options. Contact us for an initial 30-minute complimentary confidential consultation.
Author: Sarah Pullan, Special Counsel and Independent Children’s Lawyer
Resources For fact sheets on the Family Law (property) changes click here