What Happens to Our Dog in a Family Law Dispute?

What Happens to Our Dog in a Family Law Dispute?

In this video, Page  Provan Managing Director and Accredited Family Law Specialist Bruce Provan, reveals what happens to the family dog during a separation.

Transcript

My name’s Bruce Provan, I’m the Managing Director of Page Provan Family and Fertility Lawyers. We’re a firm of lawyers in Central Brisbane that practise exclusively in family and fertility law.

The question we’re sometimes asked is, what happens to our family dog in the event of separation? Now, a family dog under the Family Law Act is not treated the same as a child.

In other words, the court is not going to make orders about the future care of the dog. A family dog is regarded as property, but a court can still make orders about the property and who gets possession of that property. Now, obviously, there’s a lot of emotional attachment to a family dog.

So it’s something that should be negotiated and dealt with carefully, oftentimes in consultation with the children. Children are obviously going to be very upset if they’re removed from from their family dog.

But it can get complicated, especially if one person wants to move out of the family home or decides to move out of the family home somewhere quite a distance away, then it’s not so easy just to move the dog between houses.

Whereas if people live in fairly close proximity, there could be an arrangement where the dog does go between the two houses. So for example, I’ve heard of cases where the family dog goes with the children as they go between their parents’ homes.

So if you’ve got any questions or concerns about what might happen with the family dog in the event of a separation and a property settlement, I suggest you seek legal advice first.

My name is Bruce Provan from Page Provan, Family and Fertility Lawyers.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Bruce Provan
Things to Read, Watch & Listen

Paid egg donation in Australia: is it legal?

Can someone be paid to donate eggs in Australia? The short answer is no. Human eggs cannot lawfully be treated as something to buy or sell. Australia permits altruistic egg donation, not commercial egg donation. But that is not the end of the story. A donor may be reimbursed for reasonable expenses associated with the… Read More »Paid egg donation in Australia: is it legal?

Egg Freezing in Prison: The High Court’s Decision in Smith

Does a prison sentence also mean losing the opportunity to become a parent after release? That question sits at the heart of Smith v Chief Executive, Queensland Corrective Services, a powerful High Court decision about egg freezing, fertility preservation and the limits of punishment. The High Court unanimously found that egg freezing did not fall… Read More »Egg Freezing in Prison: The High Court’s Decision in Smith

Donor limits Queensland: lesbian couples now one family

A lesbian couple using the same sperm donor should not become two families simply because both women want to carry a child. That is the straightforward principle behind Queensland Health’s reversal of its guidance on donor limits. The revised guidance recognises those women as one family for the purposes of Queensland’s donor limit. It removes… Read More »Donor limits Queensland: lesbian couples now one family

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board