Australia’s new pet custody laws give separating couples a clear framework for deciding what happens to a family pet when a relationship ends. The Family Law Amendment Act 2024 added companion animals to the property settlement process. Making arrangements for a family pet can be emotionally difficult, and understanding how the law now treats pet custody can help make decisions easier.
New lead sentence seats the exact target (“pet custody laws” + “Australia”) in the first sentence, which was previously missing it. Rest lightly reworded to flow.
Key takeaways
What the new pet custody laws Australia changed
The law technically considers pets the property of their owners. But most people see a pet as more than just property. We don’t look at our pets the same way as other assets. That’s because they’re living beings with caring needs and a strong emotional bond to the family. In the past, courts dealt with pets using the four-step property settlement process meant for other assets, which isn’t enough for a companion animal. New rules are needed that recognise the unique place pets have in our lives.
Changes to the Family Law Act that came into effect on 10 June 2025 defined how pet ownership may be handled during family law proceedings. It’s a way for spouses and de facto couples to make arrangements for the pet’s care.
What counts as a companion animal?
Under the law, companion animals are defined as any animal kept primarily for companionship. This excludes:
Assistance animals.
Animals kept for business or agricultural purposes.
Animals kept for experiments or lab tests.
What factors courts consider when deciding who keeps the pet
The Federal Circuit and Family Court of Australia (FCFCOA) looks at a number of different matters to determine what should be done with a pet. The Family Law Amendment Act 2024 introduced the following criteria:
Any history of actual or threatened cruelty towards the animal.
What emotional attachments have been made to the animal by a family member or child of the relationship.
Each party’s ability to care for the animal.
Other factors that may play into a decision include:
Which party cared for the pet more on a day-to-day basis, such as making sure the pet is fed and exercised.
Who mainly paid for the maintenance of the animal, such as covering vet bills and managing registration details.
Which party adopted or bought the animal.
Any family violence one party was subjected to by the other party.
The FCFCOA has broad discretion to weigh the factors as it sees fit in each case.
The reforms also recognise that people experiencing family violence may delay leaving a relationship out of fear for their pet’s safety. Weighing any threats or cruelty towards an animal reflects a shift towards protecting both people and pets in the home.
If you’re experiencing domestic violence, there are resources available:
DVConnect womensline: 1800 811 811
DVConnect mensline: 1800 600 636
1800RESPECT: 1800 737 732
If you’re in immediate danger, call the police on 000.
Court orders the FCFCOA can make
The Court may make interim or final orders regarding a pet. The order may require that one party has sole ownership of the pet, transfer ownership of the pet to another party with their consent, or that the animal is sold. The Court can’t order joint ownership with the other party.
How to approach family pet arrangements in your separation
The Court can’t order shared ownership. But pet owners can still agree to shared care or shared custody arrangements voluntarily. Here are some considerations we often walk our clients through:
Clearly document how you want financial contributions to be divided. This can cover vet visits, food, grooming, and any other expenses.
Which person has the greatest ability to care for the animal? For example, if one party frequently travels for work, they may not be set up to take care of a pet.
Will one party be the primary carer of a child of the relationship? A child’s attachment to the pet matters, and pet arrangements often sit alongside parenting arrangements, since kids can be strongly impacted by being separated from a beloved pet.
If there are any pet disputes, we can help you through mediation to find practical solutions rather than going to court.
Instead of a court order, we can help you incorporate your pet into a binding financial agreement. This may give you more flexibility.
Informal agreements similar to a parenting plan can work in some cases. We can help you make an agreement that’s comprehensive and clear about each person’s responsibilities.
Conclusion
Australia’s new pet custody laws give the legal owners of a pet a framework for including a companion animal in a property settlement. It covers the key factors the FCFCOA considers, such as any history of animal cruelty and who the animal is bonded with. Our family lawyers work with clients looking to make appropriate arrangements for their family.
Conclusion opening reworded to seat the target keyword at the end of the content (last-sentence slot was previously missing it).
Are you looking for family law advice?
The Ferrall and Co. team can provide up-to-date advice on managing pets in family law matters. Contact us for a free consultation today.
