By Michael Seton, Solicitor Director
Like many Australians, I’m not just a family lawyer — I’m also a pet owner. If you’ve visited our office or follow us online, you’ve probably met George, our Wellness Manager.
He’s also one of my best mates.
I know firsthand that animals are more than just property. They’re part of the family. They provide immeasurable comfort, companionship, routine, and unconditional love, often during some of the most stressful periods in our lives.
From 10 June 2025, the Family Law Amendment Act 2024 has introduced significant reforms to how pets are treated in family law proceedings, acknowledging their emotional value within families.
What this means for separating couples
From that date, the amendments to the Family Law Act 1975 will formally recognise pets as companion animals in family law matters. This means courts will no longer consider just who legally “owns” the pet, but will instead take into account a much broader and more compassionate set of factors when deciding who should retain care of your animal, including:
- Who acquired the animal and under what circumstances
- Which party currently has the animal
- Who has been primarily responsible for the animal’s care
- Any history of family violence or mistreatment of the pet
- The bond between the pet and any child or party
- Each person’s future ability to care for the pet
This signals a clear shift away from cold, transactional judgments and toward more thoughtful, emotionally intelligent outcomes.
No joint custody — but private agreements are welcome
Importantly, courts will not order shared care or joint custody of pets. While this might feel disappointing, it’s designed to minimise conflict and prevent misuse of shared pet arrangements as a form of ongoing control — especially in situations involving family violence.
However, separating couples are free to reach private agreements about how they’ll co-parent their pets, including handovers and visitation, outside of court.
A step in the right direction
My team and I welcome these changes as a progressive step forward. They reflect the true nature of our relationships with animals and provide the courts with tools to make more humane decisions.
If you’re going through a separation and worried about what will happen to your beloved pet, you’re not alone — and you don’t have to go through it without support. Our team of Central Coast Family Lawyers are here to help you find a path that respects your bond with your companion animals and provides clarity for the road ahead.
