Who Keeps the Pets?

 

Pets are a valued and much-loved member of the family. It therefore comes as a surprise to many people that they are treated as property under the Family Law Act, which means that they are in the same category as your furniture or car.

If asked to decide, the Court will not impose any type of custody arrangement for a pet. Instead it will determine “ownership” by considering things like:

1. Who is the registered owner?
2. Who looks after the pet?
3. Who has appropriate accommodation and the ability to provide future care for the pet?

In cases where separated parties have children, a shared care arrangement can work whereby the pet travels between the parties with the children. The Court does have the power to Order such an arrangement if they consider it to be in the best interests of your children.

If there are no children, then the Court will not make Orders for “sharing custody” of the pet. You can make a private agreement about this; however, these often fall apart when people re-partner or want to move away. If that happens then one person can decide to simply stop the other person from seeing the pet, leading to heartbreak.

If you are in a relationship and considering buying a pet, then you should discuss what would happen in the event of a separation. Ensure that any record of ownership, such as council registration, veterinary bills and microchips are in the name of the intended owner.

If there is a separation, you should retain possession of your pet (if possible) and ensure that you have adequate space to house the pet. This may avoid any further disputes.