Legal Considerations for Pet Custody in Australia
For many couples, pets are more than just animals, they are family. So, when a relationship ends, one of the most emotionally charged questions becomes:
“Who gets the dog (or cat)?”
Until recently, the law viewed pets strictly as property, much like furniture or cars. However, with recent updates to the Family Law Amendment Act 2024, the legal approach to pet custody in Australia is evolving.
At Ramsden Family Law, we’re here to help you undertake these changes with clarity and compassion.
Pets as Companion Animals: What the Law Now Says
According to FCFCOA, as of June 10, 2025, pets are no longer regarded merely as personal property under Australian family law. Instead, they are now legally classified as “companion animals.” This important shift means courts must now take into account the welfare and best interests of the pet when determining who shall retain shared care of the family pet.
Factors Courts Consider in Pet Custody
When determining who will care for the pet after separation, the court now examines a range of factors, including:
- Daily Care Responsibilities
Who regularly fed, walked, and cared for the pet? - Veterinary and Financial Responsibilities
Who paid for vet bills, grooming, insurance, and other costs? - Emotional Connection
Which party shares a stronger emotional bond with the animal? - Living Environment
Which household is better equipped to meet the pet’s ongoing needs? - History of Mistreatment
Has either party demonstrated neglect or abusive behaviour toward the pet?
This means a simple receipt of purchase or registration won’t determine ownership anymore. Instead, the court aims to place pets in the care of those best suited to ensure their wellbeing.
Tips for Building Your Pet Custody Case
If you’re preparing for a property settlement or parenting dispute and your pet is involved, consider gathering the following:
- Vet receipts and medical records showing your role in the pet’s care.
- Photographs or logs demonstrating your involvement in the pet’s daily life.
- Evidence of regular grooming, walking, or training activities.
- Any documentation or agreements made between you and your former partner regarding pet arrangements.
Can You Create a Pet Parenting Plan?
Just as separating couples may create parenting plans for children, it’s becoming increasingly common to establish pet parenting plans.
These agreements can outline:
- Who the pet lives with primarily.
- Visitation arrangements.
- How decisions around the pet’s health and care will be made.
- How pet-related expenses will be shared.
Ramsden Family Law can help you draft a pet parenting plan tailored to your situation, ensuring clarity and minimising future disputes.
You should however note that the Court can only make an order that:
- One party is to own the family pet;
- Ownership of the family pet be transferred to another person who consents to the transfer of ownership; or
- The family pet be sold.
The Court cannot make orders for the shared care of a family pet.
What About Pets and Binding Financial Agreements (BFAs)?
If you’re entering into a Binding Financial Agreement (prenup or postnup), it’s wise to address pet ownership and care arrangements proactively. Including pets in your agreement can avoid future legal uncertainty and reduce emotional strain.
How Ramsden Family Law Can Help
At Ramsden Family Law, we understand how important your pet is in your life.
Whether your matter is amicable or involves a high-conflict separation, our experienced team can:
- Advise on your legal options for pet custody.
- Help you reach an agreement outside of court where possible.
- Represent your interests in court if required.
Our goal is to ensure your pet’s wellbeing while advocating for your rights as a caring pet owner.
Learn more about our pet custody services.
Book a Free 30-Minute Consultation
If you’re separating and want to protect your bond with your pet, contact us today.
Our compassionate and experienced family lawyers are ready to help you navigate your options with sensitivity and care.
Schedule your free consultation now and take the first step toward securing your pet’s future.
