Family law and pets.
Published on Monday 17 February, 2025 by Robyn Nayda
One of the most difficult parts of a relationship breakdown is to decide who keeps the family pet. Traditionally, Courts have treated pets as “property” in the same way as a home, car or bank account. From 10 June 2025, there will be changes to the Family Law Act 1975 which will mean that pets are treated as a particular kind of property, known as “companion animals”.
If you are not able to reach an agreement about who keeps the pet, parties will be able to apply to the Court for specific orders about ownership of pets. The changes to the law are in recognition of the fact that regrettably pets can get tied up in family violence and can be treated cruelly by one or both of their owners. The amendments seek to further support survivors of family violence by making it easier for them to retain their pet(s) following separation.
The Court will not be able to grant shared ownership of a pet, like they can order shared care of a child. The Court will only be able to make orders as to sole ownership.
The considerations that will be taken into account by the Court when deciding sole ownership will be:
- any history of family violence or cruelty to animals;
- whose name the pet is registered in;
- who purchased the pet;
- who took care of the pet during the relationship;
- whether a party or a child has a particular attachment to a pet; and
- who can afford to keep the pet in the future.
Given that pets are such valued members of our families, we look forward to the new provisions coming into effect.
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Robyn Nayda
Senior lawyer
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