PRESS RELEASE
Landmark reforms to Australian family law will recognise pets as companion animals, and no longer just property, in separation and custody disputes.
From June 10, courts will be able to consider a pet’s welfare and emotional connection to family members when determining pet custody arrangements during a separation.
Currently, pets are still considered assets under the Family Law Act 1975.
Angela Tondelstrand, Director at Catton and Tondelstrand Family Lawyers, welcomes these reforms and the consideration they give to the animal’s welfare.
“These changes mark a significant step toward a more just and compassionate family law system, ensuring that the welfare of pets is properly considered and that separating couples receive fair outcomes when it comes to their beloved animals.”
The changes also aim to prevent animals from being used as bargaining tools in legal disputes or instruments of control or coercion in abusive relationships.
Tondelstrand is urging couples undergoing separation to be mindful of these changes and seek legal counsel on how they might impact pet ownership disputes.
“Couples in the process of, or considering separation, need to keep this in mind as the new rules will apply to all new and ongoing cases, except those where a final hearing has already started,” she adds.
Pet custody disputes: what you should do
• Seek legal advice: Consult with a family law expert to understand how the new reforms may impact your situation.
• Document caregiving responsibilities: Maintain records of veterinary visits, feeding schedules, and other caregiving activities to demonstrate your role as the primary caregiver.
• Prioritise the pet’s welfare: Consider the environment that would best suit the pet’s needs, including space, companionship, and stability.