New reforms to Australian family law will see pets recognised as “companion animals” and not simply property in family disputes.
From June 11, for the first time, courts will consider factors such as emotional attachment and potential harm when determining pet ownership after a separation.
Angela Tondelstrand, Director at Catton and Tondelstrand Family Lawyers, welcomes the changes, emphasising that pets are increasingly seen as more than just property in legal proceedings.
“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.”
Under the new rules, courts will assess which party has been the primary caregiver and whether there is a history of animal abuse. However, joint pet custody orders will not be permitted.
The reforms also address concerns about pets being used as a means of control or coercion in abusive relationships. Tondelstrand advises separating couples to be aware of the changes and seek legal guidance.
“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 said.
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