For many families, a pet is more than a possession. It is a companion that brings routine and comfort to daily life. During a separation, the question of who keeps the animal can become the hardest part of the split. As a result, pet custody questions often arise early in negotiations.
New Framework for Companion Animals
From 10 June 2025, Australia’s family law introduced a clear framework for dealing with pets in property cases. The Family Law Amendment Act 2024 amended the Family Law Act 1975 to define “companion animals” and to set out what orders a court can make about them. These changes sit within the property part of the Act. Pets are still treated as property in law; however, the court now applies special rules to resolve disputes about them.
The framework confirms an important limit. Courts cannot order shared time or joint ownership for pets. Couples who want an ongoing care routine must agree to it privately. The new rules aim to create certainty while still allowing people to choose cooperative arrangements outside court.
How the Law Views Companion Animals
Under the Act, a companion animal is an animal kept primarily for companionship by either party to a marriage or de facto relationship. Assistance animals and animals kept for business, farm, or laboratory use are excluded from the definition. If a pet meets the definition, the court can make orders about it within a financial or property case.
The court is limited to three outcomes: it can give one party ownership, transfer ownership to another person who consents to the transfer, or order the animal to be sold. Shared ownership or shared care cannot be ordered. Therefore, there is no court-ordered shared custody of pets under the Family Law Amendment Act 2024.
In practice, most separating couples reach their own arrangements regarding pets. Court involvement only happens if agreement proves impossible.
Factors Courts Consider When Deciding Pet Ownership
When the court decides who should keep a companion animal, it must consider a specific list of factors. The focus is on safety and practical care rather than strict legal title.
- The circumstances of acquisition and who currently has possession
- Who fed, exercised, trained, and otherwise cared for the animal
- Who paid vet bills, registration, food, grooming, and other costs
- Any family violence including threats or cruelty toward the animal
- Any attachment between the animal and a party or a child of the relationship
- Each party’s demonstrated ability to meet future care needs without relying on the other
These factors explain how courts decide pet ownership in 2025. The court has a broad discretion to weigh the evidence, and there is no presumption of equal sharing.
Helpful Tips for Records and Evidence
Detailed records help. Keep microchip and registration details. Save vet invoices, insurance statements, and training certificates. Maintain a simple log of feeding, walking, and medications. This evidence demonstrates day-to-day care and responsibility and can be decisive in a dispute about pet custody in Australia.
Pet Custody and Family Violence
The new framework requires the court to consider animal cruelty and threats as part of the assessment. When there is family violence, the court takes that history into account when deciding who should keep the animal. This reflects a wider policy shift recognising the safety of both people and animals in the home.
Western Australian Exceptions and Other Nuances
There are important WA pet custody exceptions. In Western Australia, the family law reforms apply to married couples in property cases from 10 June 2025. De facto couples in WA remain under the state property regime for now, which treats pets as general property rather than under the companion animal checklist. The Family Court of WA expects the state Act to be amended to mirror the federal changes, but that has not yet happened. Always confirm whether you are married or de facto and which rules apply before filing.
The court cannot make orders for shared ownership, shared care, or shared responsibility for pet costs. This applies even if both parties seek consent orders. Couples wanting a shared routine must set it up in a private agreement.
Creating a Pet “Parenting Plan”
Because courts will not make shared-care orders, many couples choose to record their own routine in a private pet parenting plan. While not enforceable like a court order, this can reduce conflict and confusion. It also allows both households to focus on the animal’s welfare and the children’s attachment to the pet.
A practical plan should cover:
- Primary residence and normal daily routine
- Feeding, exercise, and medication schedules
- Vet choice and decision making in emergencies
- Costs for food, registration, grooming, insurance, and how you will split them
- Travel, boarding, and holiday arrangements
- Updates and visits for children who are closely attached to the pet
Helpful Tips for Maintaining Routine
Keep the animal’s routine stable. Match handovers to the children’s schedule if they are strongly bonded. Confirm who holds the microchip record and who will authorise treatment. Put the agreed arrangements in writing and set a review date. This approach aligns with the companion animals family law 2025 focus on care and stability.
Tips for Negotiating Pet Arrangements
Negotiations about a beloved pet can become tense quickly. Keep the focus on the animal’s welfare and aim for a routine that is stable and practical. The ideas below will help you prepare, communicate clearly, and reach an agreement that works for both households.
Start Early and Focus on Welfare
Raise the pet issue early in property talks. Speak calmly and keep the discussion on the animal’s needs. Avoid using the pet as leverage for other issues. Judges look for practical evidence of care and will not reward point-scoring.
Try Mediation or Collaborative Practice
If talks stall, use mediation or collaborative law to explore options. A neutral professional can help you test different schedules and cost splits. Many disputes resolve once both sides understand that shared custody of pets cannot be ordered by a court.
Get Tailored Advice and Evidence Ready
A short advice session can save months of stress. A lawyer can review the strengths of your case and help you prepare the right evidence. Bring microchip and registration records, vet histories, and receipts. This demonstrates pet custody factors in property settlement negotiations.
Next Steps for a Fair and Compassionate Pet Arrangement
The 2025 reforms give couples and courts clearer rules for pet custody in Australia. Courts examine practical care, safety evidence, and the animal’s bonds, and then make a single ownership decision. They cannot order shared care.
The best outcomes usually come from a fair private agreement that keeps the animal’s routine stable and respects children’s attachments. If you need help, our team can guide you through negotiation, mediation, and consent orders that align with the Family Law Amendment Act 2024.
This article provides general information only. It is not legal advice. For advice about your situation, speak with a family lawyer in Sydney. Contact our team on (02) 8528 7590 or email [email protected] and [email protected].