The Family Law Act (“the Act”) has long failed to recognise the most important member of the family, the family pet. However, thanks to a recent Family Law amendment which came into effect on 11 June 2025, pets will no longer be viewed by the Courts as strictly property, but as “companion animals”.
The Act defines a companion animal as an animal kept by the parties to a relationship primarily for the purpose of companionship. There are a few exclusions to this definition including animals kept as part of a business, for use in laboratory tests or for agricultural purposes.
While companion animals still fall under the general area of property, the amendment sets out the process for determining who keeps ownership of the family pet when it is in dispute.
In considering what order (if any) the Court should make, the Court will consider such things as the circumstances in which the family pet was acquired, the extent to which either party cared for and paid for the family pet, any attachment by a party or child of the marriage and any history of actual or threatened cruelty by one party towards the family pet.
The Court cannot make an order for shared care or shared ownership of the pet. The Court’s power is somewhat limited in that they can only make orders that one party has sole ownership of the family pet, the family pet be sold or ownership be transferred to another person who has consented to the transfer.
This amendment is a welcomed step forward in recognising family pets as valued members of Australian families and provides much needed clarity to what has previously been a grey area.
If you are in need of Family Law assistance, contact our office on (02) 4926 6000 to arrange an appointment with Katherine Le Breton or Bethany Mahar.
Yes, we can help.
By Bethany Mahar
Family and Criminal Law Solicitor
