10 June 2025 saw the Family Law Amendment Act 2024 come into effect. As a result, this has enabled a new framework for determining ownership of pets in property settlements. Previously, pets were merely recognised as an aspect of property in divorce and separation proceedings. However, with the new changes, pets are now considered “companion animals”. This article will delve into parties’ new rights for pet custody in the family law courts.
Statistics illustrate that Australian households have high pet ownership, with 69% owning an animal companion. The new amendments to the Family Law Act 1975 (‘FLA’) will see the inclusion of factors such as who walks the dog, feeds it, takes it to the vet and pays for medical expenses, taken into account when determining which party the animal would be better off with.
This is significant in establishing the Court’s shift from viewing animals as mere possessions and rather, formally recognising the status of domestic pets as “companions”. The legislative framework will now reflect the role that pets have to play in the family. Importantly, the new amendments also enable a significant change for victims of family violence, aiming to improve the safety of both people and animals experiencing family and domestic violence.
The Court’s Previous Perspective on Pets
Prior to this amendment, the Court could not take into consideration the safety or well-being of pets when determining ownership. This was a result of pets viewed in a similar way to possessions such as cars and furniture. Hence, when determining the outcome of disputes involving pts, the Courts would focus on:
- Who paid for the pet?;
- Was it a gift?;
- Which party’s name was on the ownership documents?;
- Who has possession?; and
- Who paid the expenses?
Therefore, decision making by the family law framework did not consider any factors involving protection of the pet itself.
New Considerations for Pets
The new amendments to the FLA redefines pets as companion animals, reflecting the emotional ties between parties and their domestic animals.
The FCFCOA defines ‘companion animal’ as an “animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship, or either of them, primarily for the purpose of companionship”.
As a result, the following is not included when considering family pets:
- An assistance animal within the meaning of the Disability Discrimination Act 1992; or
- An animal kept as part of a business; or
- An animal kept for agricultural purposes; or
- An animal kept for use in laboratory tests or experiments.
In considering what orders the Court will seek to make about a family pet should they choose to do so, the following relevant factors will be taken into consideration:
- The circumstances in which the pet was acquired;
- Who has ownership or possession of the pet;
- The extent to which each party cared for, and paid for the maintenance of, the pet;
- Any family violence to which one party has subjected or exposed the other party;
- Any history of actual or threatened cruelty or abuse by a party towards the pet;
- Any attachment by a party, or a child of the marriage, to the pet;
- The demonstrated ability of each party to care for and maintain the pet in the future, without support or involvement from the other party;
- Any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.
Orders that the Courts can make
It is essential to note that the Court cannot make orders for the shared care of a family pet. Therefore, 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;
- The family pet be sold
Joint custody of family pets will not be ordered as to prevent any ongoing disputes over the ownership of the pet.
Significant Changes for Victims of Family Violence
The amendments aim to improve the safety of people and animals experiencing domestic and family violence. The Courts will now have to take into consideration whether there has been family violence inflicted by one party, and whether this has constituted to abuse or cruelty towards the companion animal. This will be a factor in determining who should own the animal.
This reflects the sentiment that there is a greater chance an abused partner will seek safety from a violent relationship if they are confident that they would be allowed to keep their companion animal. The new amendments ensure that court orders can be made for the transfer of the animal to a safe person if a victim has fled to accommodation where they are unable to keep their pet.
How Ramsden Family Law Can Help You
At Ramsden Family Law, we understand the complexities and sensitivity associated with pet custody disputes, especially with the prominent role they play within the family. Our team of experienced professionals is here to guide you through every step of the process, ensuring that your rights are protected, and your case is handled with the utmost care and diligence.
We’re here to assist you every step of the way.
