Pet Custody After Separation in Australia: What the New Family Law Changes Mean for You

When families separate, the question of who keeps the pets is now more important than ever. With recent changes to the Family Law Act 1975, effective 10 June 2025, pet custody after separation in Australia is being treated with new seriousness and sensitivity.

The New Approach: Pets Are More Than Property

For decades, Australian law viewed pets as property—treated much like a car or couch in separation disputes. Now, under the amended Family Law Act, courts must consider the welfare, care arrangements, and emotional bonds of companion animals when resolving disputes. This change recognises the unique role pets play in modern families and brings formal legal recognition to their wellbeing.

Key Factors Courts Consider in Pet Custody Disputes

Under the new laws, the court may look at:

  • Who has been the primary carer for the pet

  • Who covers expenses like vet bills, food, and grooming

  • The environment where the pet feels most comfortable

  • The emotional attachment between the pet and each party

  • The children’s attachment to the pet

  • Any history of family violence or cruelty involving the pet

This approach acknowledges that pets are not just “things”—they are valued family members whose welfare deserves careful attention.

Real Case Example: Navigating Shared Pet Care After Separation

Recently, I worked with a separated couple who had agreed to 50/50 shared care of their dogs. When one party later sought sole care or to split the pets, the dispute escalated. The case now involves pet behaviour assessments, emotional attachment evaluations, and expert opinions on whether the dogs can be separated or integrated with new partners’ pets. This highlights how pet custody disputes in Australia can now be as complex and human-focused as parenting arrangements.

Who Gets the Pet After Separation?

The court may also consider:

  • Which party has more time to care for the animal

  • The pet’s daily routine and comfort

  • Financial ability to meet the pet’s needs

  • Any distress the pet shows when separated

Important: The Court will not order “shared care” for pets. Orders may include:

  • One party retaining the pet

  • The pet being sold

  • The pet going to a consenting third party

Mediation and practical agreements are strongly encouraged before pursuing court action.

How the New Family Law Changes Affect Pet Custody

The 2025 amendments mean:

  • More pet parenting plans may be drafted during mediation

  • Expert opinions and assessments may become part of pet custody hearings

  • Pet disputes could become a standard part of property settlement discussions

This is a significant shift in Australian family law, reflecting the deep connection families have with their pets.

Practical Tips for Handling Pet Disputes After Separation

If you’re separating and share a pet:

  • Start the conversation early—don’t wait until the end of negotiations

  • Prioritise your pet’s needs—consider what’s least disruptive for them

  • Document your agreement—even a basic written plan can prevent future conflict

  • Try mediation—it’s cost-effective, faster, and keeps the focus on your pet’s wellbeing

  • Never use pets as leverage—their welfare should always come first

With pets now recognised as more than property, separating couples must approach these decisions with care and compassion.

Need Help With a Pet Ownership Dispute?

If you’re facing a pet custody issue or want guidance creating a fair plan, contact Dannielle Young Mediation. We offer experienced, compassionate support for all aspects of separation—parenting, property, and now, even pets.

FAQ: Pet Custody After Separation in Australia

Q: Are pets still considered property in Australian family law?
A: As of June 2025, pets are no longer treated just as property. Courts now consider their welfare and emotional bonds in separation disputes.

Q: Can I get shared custody of my pet after separation?
A: While courts don’t order “shared care” for pets, they do consider practical arrangements and encourage mediation for pet parenting plans.

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