Family pets
The law sets out some rules for dealing with disputes over companion animals during a relationship breakdown. A companion animal is an animal kept by a married or de facto couple primarily for companionship. A family pet, such as a dog, cat, rabbit or bird, is a type of companion animal.
This doesn’t include:
- assistance animals, such as guide dogs
- animals kept for a business
- agricultural animals, also known as livestock
- animals used for laboratory testing or experiments.
Making an agreement
Where possible, you and your ex-partner should try to reach an agreement about how you will care for your family pets. This is the quickest, easiest and cheapest way to settle this matter.
If you and your ex-partner reach an agreement, you don’t need to go to mediation or court. However, you should put your agreement in writing. There are three types of agreements you can make:
- an informal agreement,
- a binding financial agreement
- consent orders.
For more information, see Property settlement agreements.
If you can’t reach an agreement, you can apply for court orders. Before you can do this, you must follow the pre-action procedures and attempt mediation, unless you are exempt.
For more information, see Pre-action procedures in property cases.
Court orders
The court can make interim and final orders about family pets, including consent orders.
The court can make orders:
- giving one person sole ownership of a pet
- transferring ownership of a pet from one person to another
- requiring that a pet be sold.
The court can’t make an order for shared ownership or shared care.
What the court will consider
When deciding what orders to make, the court will take into account:
- how you got your pet
- who owns your pet
- who currently has your pet
- who has cared for your pet, and paid your pets expenses
- who can care for your pet in the future by themselves
- any family violence
- threats or acts of cruelty or abuse towards your pet
- your relationship, and your child’s relationship, with your pet
- anything else that is relevant.
Case study
Adut and Deng have separated after 12 years of marriage. They have two children together, Anok who is seven and Alek who is five. They also own a two year old border collie named Olly. Deng bought Olly for the children last Christmas.
Adut has stayed in the family home with the two children. Deng has moved out of the family home and into a rental property in a nearby suburb. Olly has stayed at the family home.
They have made a parenting agreement for the children to live with Adut and spend time with Deng every second weekend, from after school on Friday until the beginning of school on Monday.
They do not agree on how to care for Olly. They both want Olly to live with them.
Adut and Deng are going to mediation to resolve their disagreements. Once they reach an agreement, they want to apply for consent orders.
They understand that only one of them can own Olly. They can’t have shared ownership because the Federal Circuit and Family Court of Australia can’t make orders for shared ownership. The court also can’t make orders for Olly’s expenses to be shared.
At mediation, Deng raises the fact that he bought and registered Olly. Adut points out that she has been solely responsible for caring for Olly, including feeding, bathing and taking him to the vet. She also expresses her desire for Olly to remain with the children because of their close relationship with Olly.
They decide that Olly will continue to live with Adut and the children. They complete consent orders for Adut to have ownership of Olly.
Other animals
There are no specific rules to deal with disputes about animals that are not companion animals, such as family pets. If you and your ex-partner own animals that are not family pets, you should try to reach an agreement about how you are going to care for them.
If you can’t reach an agreement, you will need to resolve your dispute in the same way you resolve any dispute about property. Under the law, these animals are considered property of the relationship and will be treated like the rest of the property in a property settlement.
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