In Australian family law, because pets are treated as property, the Family Court won’t make decisions about pet visitation, custody or financial support. If the parties can’t agree on who gets the pet, the Family Court will apply the usual four stage test to resolve the dispute.

First, the pet will become part of the pool of assets. The Court identifies all of the assets and debts belonging to the parties as at the date of separation. If you believe the pet is of significant value (for example if it is a pure breed or if it is a racing or show animal), it may need to be valued by an expert.

Next, the Court will look at the parties’ contributions. For example, who bought the pet? Did one party own the pet before the relationship? Who paid the expenses such as vet bills, insurance and food? The Court will also look at non-financial contributions, for example who usually fed or exercised the pet?

The Court will also consider who has had possession of the pet since separation – this will be a key determining factor in the Court’s decision. The Court will also consider who made what financial contributions to the care of the pet during this time.

Then the Court will consider the future needs of the parties and whether one party has a particular need for the pet. It may be the pet is a Seeing Eye dog for one of the parties, or that doctors have said that the pet is necessary for one party’s psychological well-being.

Lastly, the Court will consider any proposed orders for who gets the pet. The Court will then work out whether those proposed family law orders are fair and reasonable.

We can offer further advice on family pets and how the law applies to your unique circumstances. 

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