By Jamon McCarthy, Paralegal
Pets aren’t just animals in a household, they’re members of the family. From dogs to birds and more, all pets are important parts of our lives. When going through a separation, one of the important questions that may arise is: Who gets Max the dog?
Historically, pets have been treated by the Court as any other type of property, like a car or a dining table. However, since the changes to the Family Law Act 1975 in June 2025 (Cth) (the Act), pets will be treated a little different to the family television.
Pets are now recognised under the Act as a companion animal, which is an animal kept by parties jointly or individually in a relationship, mainly for the purpose of companionship. This definition does not include assistance animals or animals used for business operation and various other working animals.
What can the Family Court decide to do with your pet once you have separated? The Court can only make one of three determinations about who the pet will live with: They can Order that one party has sole ownership of the pet, the pet be transferred to a third party, or that the pet is sold.
When the Court is making Orders about pets, it must consider a range of factors. These include:
- The circumstances in which the pet was acquired;
- Who has ownership or possession of the pet now;
- The extent to which each party cared for and paid for the maintenance of the pet;
- Any family violence experienced by one party, at the hands of the other;
- Any history of actual or threatened cruelty or abuse by one of the parties towards the pet;
- Whether the party can demonstrate their ability to care for and maintain the pet in the future, without the support or involvement from the other party; and
- Any other factor or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.
Unfortunately, the Court cannot make Orders for shared care, or any kind of “joint custody” arrangement like they can for children, which means the pet must live primarily with one party. If you and your ex-partner agree to maintain a shared care arrangement for your pet, you can arrange this between yourselves, through lawyers, or via mediation. Note however that any shared care agreement reached will not be legally binding.
If you are going through or considering a separation, and need guidance on achieving the best outcome, please get in touch. We’re here to support you as you take the next step and decide what’s right for you and your family, including your pets.
