Pets and Family Law in Australia

Pets are more than just animals. They are cherished members of the family. When a relationship breaks down, disputes over pet ownership can become highly emotional. Recent changes in Australian family law acknowledge the role of pets in domestic relationships, particularly in cases involving domestic violence and separation.

How Does Australian Family Law Treat Pets?

Traditionally, pets have been classified as property under the Family Law Act 1975 (Cth), similar to cars or furniture. This means that in a separation, courts have typically decided pet ownership as part of the property settlement process.

However, there is growing recognition of the emotional connection between people and their pets. Courts are now more willing to consider who provides primary care, rather than just legal ownership.

How Pets Are Protected in Australian Domestic Violence Cases

In late 2024, new Australian domestic violence laws were introduced to protect pets from abuse in family violence situations. These changes recognise that abusers often use pets as a form of coercive control, threatening or harming animals to intimidate victims.

Under the new laws, victims can now include pets in protection orders, ensuring they can leave unsafe environments without fear of losing their animals.

1. Pets in Protection Orders

New South Wales (since 2021): Apprehended Domestic Violence Orders (ADVOs) can explicitly protect pets, preventing abusers from harming, taking, or threatening them.
Victoria, Queensland, and Tasmania: Similar domestic violence protection laws have been introduced to safeguard pets in abusive situations.
Court Orders: Judges can grant pet custody to victims and prohibit the abuser from contacting or harming the animal.

2. Pets as a Form of Coercive Control

Coercive control laws increasingly recognise that threatening or harming a pet is a form of psychological abuse.
Some Australian states are considering expanding coercive control legislation to specifically include pet abuse.

3. Animal Cruelty as an Aggravating Factor

In domestic violence cases, animal cruelty offences can be linked to family violence charges, resulting in harsher penalties for offenders.

Avoiding Pet Disputes After Separation

To prevent disputes over pet ownership, couples can consider:

Including pets in binding financial agreements: Couples can include pets in legal agreements, just as they do with property and financial assets.
Mediation and negotiation: Resolving pet disputes through mediation can help avoid costly legal battles.
Informal arrangement: Many couples choose to create an informal pet custody agreement that outlines a shared care arrangement for their pet. This can include options such as the pet spending alternate weeks with each person, weekends with one party and weekdays with the other, or any other arrangement that works for both individuals while ensuring the pet’s well-being and happiness.

Need Legal Advice About Pet Custody?

If you’re facing separation and worried about your pet’s future, South Coast Family Law Group can help. Our experienced family lawyers understand the emotional significance of pets and can provide legal advice tailored to your situation.