At FJS Lawyers, our pets are treasured members of our family, and we aim to provide you with answers to any questions you may have concerning your pet in the event of family violence, divorce or separation.
The Changing Role of Pets in Family Law
Under the Family Law Act of 1975, pets were simply regarded as property, like cars and furniture, and ownership was typically resolved through property settlement negotiations.
Pets and their owners previously endured long and painful periods of separation, however, with the introduction of the Family Law Amendment Act of 2024, pets are considered companion animals, and the court can now intervene in disputes about their ownership, with changes that better highlight the emotional connection between humans and their pets. The next few sections will discuss these legal reforms but let’s first define what a companion animal is.
What Is a “Companion Animal” Under the Family Law Act?
A companion animal is an animal kept for the primary purpose of companionship. This definition excludes assistance animals (for individuals with disabilities) and animals kept for business, agricultural, or scientific purposes, which remain classified as property and are not covered by the new laws.
In relatable terms, your family dog, cat, and parrot are companion animals while your herd of cattle or racing horses remain property.
Legal Reforms: Pets recognised as Companion Animals
Under the Family Law Amendment Act 2024, the court can determine ownership of a companion animal if a separating couple fails to reach an agreement. The Court cannot order joint ownership/shared possession of a pet, however it can:
- Order the grant of ownership to either party as the sole owner.
- Order the transfer of ownership to a third party after consent e.g animal shelter
- Order that the pet be sold.
The factors considered by the Court when determining ownership of a pet include:
- How your pet was acquired.
- Who currently cares for your pet.
- The extent to which either party has cared for your pet and their capacity to care for your pet in the future.
- History of family violence.
- History of threatened or actual violence to your pet.
- Attachment of either party or the children to your pet.
These factors clearly portray the emphasis on the pet’s welfare and bonds formed with the family. Violence to pets is often seen in homes where there is family violence – abusers often use threats and abuse of pets to intimidate their victims. Under the new laws, victims of family violence can include pets in orders – to protect and prevent abusers from harming pets.
Pet Ownership Disputes
If you have experienced relationship breakdown and have issues with pet ownership, you should seek legal advice as soon as possible. In the meantime, it is beneficial to prepare and collate information to support your case, including:
Evidence of Ownership
Although pets are not considered property, you should still gather evidence that you own and cared for your pet – including adoption or purchase receipts, pet insurance documents, microchip registration, vet records, receipts of daily care – food, grooming, walking etc.
Document your Pet’s Living Arrangements
Keep records of your pet’s current living situation and environment and how these impact upon the welfare of your pet and yourself.
Pet’s Best Interests
The pet’s safety and welfare moving forward are relevant factors you need to demonstrate – i.e. that you have the time, space, and resources to care for your pet.
Negotiate
Dispute resolution is encouraged, so long as it is safe for you to do so. At mediation, you may be able to agree interim arrangements – e.g. the pet spending alternate weeks with each party, and/or weekends with one party and weekdays with the other.
Resolving Disputes: Consent Orders and Court Applications
If the parties agree in relation to pets, they can formalise their agreement by way of Consent Orders by making an Application for Consent Orders to the Federal Circuit and Family Court.
If the parties cannot reach an agreement, it is necessary for one party to make an application to the Court setting out the orders they seek. You should seek legal advice before applying to the Court as there are pre-action requirements with potential consequences for non-compliance.
FJS Lawyers are here to help
Relationship breakdown is overwhelming and may be even harder to navigate when issues about Pets are involved.
At FJS Lawyers, we not only have expertise and experience in family law, but we also genuinely care about our clients and their furry family members! Contact us to discuss your needs and let’s find the best solution.