Who Gets the Dog? Pets in Family Law Matters

We love our pets and often they truly are part of the family. So when it comes to the end of a relationship or separation of a family, it can be very important to take a pet into consideration.

In most cases separating parties can resolve this issue amicably, as it may be understood from the start which person owns or is the main caregiver for a particular pet. For others however, a disagreement may arise as to whom certain pets will live with, and even whether the other party can visit to spend time with the pets.

Unfortunately, sometimes the motivation for one party keeping a pet as part of the family law process may be for the wrong reasons. People can feel very close and form long term attachments to animals and one party might try to keep the pet or make threats about the pet to upset the other party or use it as a weapon.

Aside from being unfair to the animal, situations such as these are unlikely to end well for either party. Another issue that is sometimes faced, is in cases involving family violence. Often, if the victim of family violence leaves, they may not be able to take their pet in to temporary accommodation or a refuge¹. This also poses the problem of leaving the pet in an unsafe environment.

Traditionally, family law is generally broken into two sections, property and parenting, with pets falling under property. Since the Family Law Amendment Act was implemented in June 2025, a framework has been added to allow for pets to be dealt with separately from other property. The court can now make interim and final Orders regarding pets (if they meet the definition of a companion animal), including Orders by consent. The court can now order that one party have sole ownership, that ownership be transferred to another party (even one outside of the proceedings) with their consent, or that it be sold. The court, however, cannot make orders for shared ownership or shared care.

The Definition of a Companion Animal

The Amendment Act defines a companion animal as an animal kept primarily for companionship. It does not include an assistance animal, or an animal kept as part of a business, for agricultural purposes, or for use in laboratory tests or experiments.

An animal that is kept for more than one purpose would be excluded from the definition of a companion animal (for example, a sheep dog that is a source of companionship, but also used to herd sheep as part of operating a farm). Animals that are not companion animals can be dealt with in the same manner as any other type of property interest.

Determining factors considered by the Court when deciding who gets the Pets in Family Law matters

The circumstances in which the pet was acquired – When and who purchased the pet? Was the pet purchased jointly or by one person? Was the pet given to one of the parties as a gift?

Who currently has ownership of the pet? Who is the pet registered to and where does the pet currently live?

Accommodation – Can the pet live at the accommodation, for example rental accommodation?

Who was the main caregiver? – Who registered the dog, who fed it and took it for walks, who took it to the vet for vaccinations etc.?

Who paid for the maintenance of the pet? Eg. Vet bills, grooming and feeding the pet

Any family violence one person has subjected or exposed the other person to?

Is there any history of actual or threatened abuse towards a companion animal?

Is there any particular attachment by a person or a child of the relationship to the companion animal?

What is the demonstrated ability of each person to care for the companion animal in the future?

The court will use the above information when considering which person should keep the pet.

If you have a dispute that includes a pet, orders can take into consideration future costs and maintenance of the pet. This can include the cost of vaccinations, food and veterinary costs.

Financial Agreements

One preventive measure which can be taken to safeguard against any future dispute, is to enter into a prior agreement. A financial agreement can include pets in the property pool. If this is done, it is important to specify the exact details of the pet

and who will keep it should the relationship end. This option could avoid potentially lengthy legal proceedings after separation.

Please do not hesitate to contact our Family Law Team if we can help you with a family law matter involving a pet.