Who gets to keep fur babies at the end of a relationship has always been a highly emotionally charged issue. Previously, the Court treated pets as property (which was often unsatisfactory). Significant changes to the Family Law Act will soon come into effect to better recognise the emotional and psychological significance of pets in families.
It is now accepted that companion animals are integral members of families. Hopefully, pet owners can avoid fighting like cats and dogs in disputes about their beloved pets!
The Court’s aim is for disputes to now be resolved with greater sensitivity and fairness.
Some of the key changes to the Act include the introduction of a formal definition of “companion animals.” A companion animal is defined as a “pet kept primarily for companionship”, excluding assistance animals, animals kept for business or agricultural purposes, and animals used in laboratory testing. A companion animal is not limited to a dog or cat — it may also include birds, guinea pigs, and other species.
Parties can enter into specific orders by consent or, if they can’t agree, the Court can now make orders regarding companion animals, including:
- granting sole ownership to one party;
- transferring the pet to a consenting third party; or
- ordering the sale of the animal and the division of any sale proceeds.
The Court cannot, however, make orders for shared ownership of a companion animal.
Factors the Court will consider when making Orders about companion animals include:
- who acquired and owned the animal, and whose name it is registered in;
- care of the animal (both during the relationship and post-separation);
- financial contributions towards the pet’s daily needs (including food, grooming, upkeep) and payment of veterinary bills;
- the animal’s attachment and connection to children;
- each party’s capacity to care for the animal into the future;
- any evidence of cruelty or family violence, including threats involving the animal.
The Court will also have discretion to consider any other relevant factors.
If you’re facing an ownership dispute over a cherished furry or feathered friend, Tosh Colls Family Law is here to help. We can guide you in drafting terms for a Consent Order or provide advice on establishing a Binding Financial Agreement if you are considering a shared care arrangement for your beloved pet.
