Paws and effect: Australia leading the pack on pet custody

Michael Connor, Barrister

Disputes about family pets are often dismissed as trivial, yet for many separating couples they are among the most emotionally charged issues in a family dispute. Australia has recently taken a bold legislative step in recognising this reality. The Family Law Amendment (Pets and Other Measures) Act 2024 (Cth) now requires Australian family courts to actively consider the care, welfare and control of “companion animals” when making financial orders. This is a subtle but significant recalibration of the legal treatment of pets. Rather than focusing solely on bare ownership, Australian judges must now weigh factors such as who provides day-to-day care, who pays expenses, domestic abuse risks, and the animal’s relationship with children.

England and Wales, by contrast, still treat pets as chattels. This article explores the gap between emotional reality and legal formality, and considers whether a more humane, welfare approach could be adopted here whether through judicial discretion, published guidance, or modest statutory amendment. Ultimately, the Australian model invites family lawyers to take seriously what clients already know: that a family pet is rarely just property.

The full article has published in the January issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.