Who Gets the Pet After a Breakup?

From the heart of Brisbane, where the Turbo and Jagura peoples have long called home, I’m Stephen Page from Page Provan, here to share an important update in Australian family law that affects many of us who love our furry companions. Starting 10 June this year, there will be significant changes in how family courts handle disputes involving pets after a separation or breakup. This is a topic close to my heart, and I want to walk you through exactly what these changes mean, why they matter, and how they will shape the way courts approach companion animals in family law cases.

The Longstanding Challenges of Pet Custody in Family Law

Disputes over pets in family breakdowns are nothing new. I remember back in the 1980s, a particularly memorable case in the Supreme Court of Queensland involving a horse. The couple had separated, and a receiver was appointed to determine ownership of the horse. At that time, the court didn’t even have jurisdiction over de facto couples, so the matter ended up in the Supreme Court. The costs of managing this dispute far exceeded the value of the horse itself, highlighting how complex and costly pet disputes can become.

More commonly, especially in recent times, arguments about pets tend to arise in the context of domestic violence. Often, the perpetrator of family violence will hold onto the pet as a form of control or bargaining chip. This raises serious concerns not just about the wellbeing of the parties involved, but also about the safety and welfare of the animals.

What Are the New Changes Coming Into Effect on 10 June?

From 10 June, Australian family law will explicitly empower courts to make certain orders concerning companion animals. This doesn’t mean pets are suddenly treated like children in custody arrangements, but it recognizes that companion animals are more than mere property—they are often beloved family members.

Importantly, the law defines what counts as a companion animal. These are animals kept primarily for companionship, such as dogs and cats. The law explicitly excludes support animals used for disability assistance, agricultural animals, circus animals (like cockatoos), and animals kept for laboratory experiments. These exclusions make sense because the nature of ownership and care differs significantly for those types of animals.

What Powers Does the Court Have?

The court’s powers under the new law are quite specific and limited. The court can only make orders regarding:

• Ownership of the companion animal by one of the parties or someone joined to the proceedings.
• Ownership by someone else with their consent (for example, an adult child of the parties).
• The sale of the companion animal.

Noticeably, the court does not have the power to order shared custody or shared care of the animal. This is a marked contrast to how some people might informally share pets after separation. For example, Prime Minister Anthony Albanese famously shared custody of his dog Toto with his ex-partner, Carl Teet, moving the dog between households. While this is a workable private arrangement—and can even be formalized through binding financial agreements—it will no longer be something a court can order.

The Factors Courts Will Consider When Making Pet Orders

When the court is asked to make an order regarding a companion animal, it must consider a prescribed list of factors to ensure a just and fair outcome. These include:

1. The circumstances in which the companion animal was acquired. This looks at how and when the pet came into the parties’ lives, which may influence who has a stronger claim.
2. Who currently owns or possesses the animal. The court will look at legal ownership and physical possession.
3. The extent to which each party cared for and paid for the maintenance of the companion animal. This includes factors like feeding, veterinary costs, grooming, and other responsibilities.
4. Any family violence to which one party has subjected or exposed the other party. This is crucial, especially if one party has used the pet as a tool of coercion or control.
5. Any history of actual or threatened cruelty or abuse by a party towards the companion animal. The welfare of the animal is paramount, and the court will consider any evidence of mistreatment.
6. Any attachment by a party or a child of the marriage to the companion animal. Often, pets are deeply bonded with children, and this emotional connection is a significant factor.
7. The demonstrated ability of each party to care for and maintain the companion animal in the future without support or involvement from the other. The court wants to ensure the pet’s ongoing wellbeing.
8. Any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account. This gives some flexibility to consider unique situations.

These factors show the court’s holistic approach to companion animal orders, balancing legal ownership with emotional bonds, care responsibilities, and safety concerns.

Why These Changes Matter: Beyond Property to Compassion

It’s important to understand that these reforms are about more than just legal technicalities. They recognize the important role pets play in our lives and families. Companion animals offer emotional support, companionship, and sometimes even physical wellbeing benefits.

Historically, pets have been treated as property under the law, which often failed to capture the true nature of the relationship between humans and their animals. Disputes over pets could be painful, costly, and difficult to resolve fairly. These changes bring clarity and a more compassionate framework to guide courts and parties through what can be an emotional and contentious issue.

Moreover, the new laws acknowledge the darker realities faced by many families—particularly where domestic violence is involved. The use of pets as leverage or tools of abuse is a serious issue, and the courts are now mandated to consider this when making orders.

What This Means for People Going Through Separation

If you’re going through a breakup and a pet is involved, here are some key takeaways to keep in mind:

• You can no longer expect the court to order shared custody of a pet. While informal sharing arrangements can work, they cannot be enforced by the court.
• The court will decide ownership or sale of the pet based on the factors we’ve discussed. It’s important to document your care and financial contributions to the animal.
• If there is a history of family violence or animal abuse, make sure to bring this to the court’s attention. This can be a decisive factor in the court’s decision.
• Consider legal advice early on. Understanding your rights and obligations can help you navigate this new legal landscape effectively.

Looking Ahead: A More Humane Approach to Pet Disputes

These changes represent a significant step forward in family law. They reflect a growing awareness of the importance of companion animals in family life and the unique challenges that arise when relationships break down.

While the law stops short of allowing shared custody orders for pets, it provides a clear, structured process for courts to resolve disputes in a way that prioritizes the welfare of the animal and the fairness to the parties involved.

For lawyers, mediators, and families alike, these reforms provide much-needed clarity and guidance. For pet lovers, they offer reassurance that the courts recognize pets as more than just property—they are valued members of the family deserving of care and consideration.

Final Thoughts

From 10 June onwards, if you find yourself in a family law dispute involving a pet, know that the law now has specific rules and considerations designed to protect the interests of companion animals and the people who love them. While the court’s powers are prescribed and limited, these changes are a welcome acknowledgment of the special place pets hold in our lives.

As always, if you are navigating a separation or family dispute, seek professional legal advice to understand how these changes may affect you. The law is evolving, and being informed is your best tool for securing a fair and compassionate outcome for you and your beloved pet.