Family LAW COMPANION ANIMALS

For many of us, pets are more than just property, they are members of our family.

Until recently, Family Law in Australia treated pets the same as any other asset in a property settlement division.  However, amendments to the Family Law Act 1975 have changed how the Court approaches disputes about pets in the event of separation.

These changes introduced the concept of companion animals and provided guidance to the Court to determine who should retain ownership of a family pet.

A companion animal is generally an animal kept for companionship by one or both parties of the relationship.  Certain animals are excluded from this definition, including:

·        Assistance animals.

·        Animals that are kept for business purposes/to derive an income.

·        Agriculture animals.

·        Animals that are used for laboratory testing.

So whilst companion animals remain part of the family law property pool for the purpose of a property settlement, they are now recognised as their own distinct category of property.  This is designed to reflect the emotional importance that pets have within the family dynamic.

If parties cannot agree about who will keep a companion animal, the Court can grant Orders in the following terms:

·        Ordering sole ownership of the animal to one party.

·        Ordering that ownership of the animal be transferred to another person.

·        Ordering that the animal be sold.

Most importantly, the Court cannot make Orders for the “shared custody” of pets.  Any shared custody agreements for pets would need to be made privately between the parties.

When deciding what Order is to be made regarding a companion animal, there are a number of factors that will be considered, including:

·        The attachment between the animal and the children of the relationship, and the care arrangements for the children.

·        The extent of each party’s care for the animal during the relationship and following separation.

·        The capacity of each party to provide future care for the animal.

·        Any allegations or history of abuse or threats towards the animal.

Disputes regarding family pets often arise alongside complex parenting and property settlement matters.

If you are separating and concerned about what will happen to your family pet, one of our expert family lawyers can assist you in reaching an agreement or pursing appropriate Orders through the Court.

If you would like to discuss any family law issue do not hesitate to contact our Ipswich office to make an appointment with one of our expert family lawyers for family law advice tailored to your needs.