Pets are no longer considered only as property during family court settlements in Australia.
Under a law that came into effect earlier this month, pet custody will be determined by the party who has cared for the animal, and their relationship with it.
Here’s what to know.
Details
Until now, the 1975 Family Law Act had no reference to pet custody.
This meant pets were solely treated as forms of property during court proceedings.
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The new law was introduced to Parliament by the former Attorney-General Mark Dreyfus in August 2024, intended to clarify the “financial and property aspects of relationship breakdown.”
In a speech to Parliament, Dreyfus said there will be “particular considerations to pets – defined as ‘companion animals’ – in determining the ownership of the pet as part of a property settlement.”
Dreyfus said courts will consider whether either side of a dispute has perpetrated family violence or acted cruelly towards the pet in determining an animal’s custody arrangements.
The court will be able to order one person to take care of the animal.
The Opposition did not oppose the section of the new law that deals with animals, with then-Liberal MP Paul Fletcher saying in Parliament that pet custody is a “genuine issue that courts deal with in family law cases.”
Pet custody expert Eve Smith told the ABC the new amendment will encourage lawmakers to consider “who walks the dog, feeds it, takes it to the vet, pays for medical expenses” and question who the “animal [would] be better off with”.
