Pet Custody Laws Australia: How Courts Decide Ownership

When couples separate, one of the most emotional questions is who keeps the family pet. Pets are often seen as part of the family, which makes the decision difficult.

Understanding pet custody laws Australia can help couples prepare for what happens if they cannot agree on their own. While the law treats pets differently from children, courts still look at a number of factors to decide where a pet should live, and since 10 June 2025 the Family Law Act sets those factors out for pets specifically.

What Do Pet Custody Laws Australia Say About Who Keeps a Pet After Separation?

Under pet custody laws Australia, pets are legally treated as property rather than family members. This means that ownership is often decided in the same way as furniture, cars, or other household assets.

The person who bought the pet or whose name is on the registration is usually seen as the legal owner. 

However, this does not always end the matter. Courts can consider other circumstances, such as who paid for the pet’s food, medical care, or other expenses.

If both parties shared these responsibilities, the court may need to look more closely at which arrangement is fair. Since 10 June 2025, the Family Law Act also has specific rules for pets, which we explain below.

How Do Courts Decide Pet Ownership Under Pet Custody Laws Australia?

When disputes cannot be resolved privately, the court applies pet custody laws in Australia to determine who has the stronger claim. Several factors may come into play:

• Proof of purchase: Receipts or adoption documents show who initially acquired the pet.
  
• Registration and microchip records: These often name the person listed as the legal owner.
  
• Financial responsibility: Ongoing costs like food, grooming, and vet bills may show who took on the main role of caring for the pet.
  
• Daily care: Evidence of who spent more time feeding, exercising, and looking after the pet can also be considered.
   

Courts aim to make decisions that are fair and based on facts, rather than emotions alone. While there is no official “custody” order for pets like there is for children, ownership and possession can still be legally determined.

What Changed for Pets on 10 June 2025?

The Family Law Amendment Act 2024 added rules to the Family Law Act 1975 for “companion animals”, meaning pets kept mainly for companionship. They apply to separations dealt with by the family law courts from 10 June 2025.

Pets are still treated as property, but the court must now consider a specific list of factors when deciding who keeps one, including:

• how and when the pet was acquired
• who owns it and who has had possession of it
• how much each of you has cared for it and paid for its upkeep
• any family violence by one of you against the other
• any history of cruelty or threatened cruelty to the pet
• any attachment you, your former partner or your children have to the pet
• whether each of you can care for it properly in future

The court can order that one of you keeps the pet, or in some cases that it is transferred to someone else or sold. It cannot order shared ownership or a schedule of time with the pet, the way it can for children.

The rules do not cover assistance animals, such as guide dogs, or animals kept for business or farming.

Does Emotional Bonding Influence Decisions in Pet Custody Laws Australia?

Emotional connections to pets are very real, and since June 2025 the court must consider any attachment you, your former partner or your children have to the pet. It is one factor alongside who bought the pet and who has cared for it.

That said, judges understand that pets can be like family members. If one party can show a strong attachment and consistent role in caring for the pet, the court may give that person stronger recognition. 

For example, if a dog has always lived with one person after the separation and appears settled, the court might consider that stability important. A child who is closely bonded with the family dog is a common example of why this factor matters.

Read also: What Am I Entitled to in a Separation?

Are Pets Treated As Property In Court Under Pet Custody Laws Australia?

Yes, pets are treated as property under pet custody laws Australia. This means there are no shared parenting plans or visitation rights like those made for children. A pet will generally be given to one person, much like other property in the relationship. 

This approach can feel harsh because many people see their pets as family, not possessions. The June 2025 changes kept pets as property, but the court now has to weigh things like family violence and the children’s attachment when deciding who keeps them.

For separating couples, this means preparing documents that prove ownership or contributions to the pet’s care can be very important if the matter reaches court.

How Can Couples Avoid Disputes Through Agreements On Pet Custody Laws Australia?

Disputes can often be avoided if couples make agreements early. Under pet custody laws Australia, parties are free to decide between themselves who keeps the pet. This can be recorded in a written agreement or included in property settlement documents. 

Some couples even create informal “pet care plans” where one person keeps the pet but allows the other to visit or share in the care. While these plans are not legally enforceable in the same way as parenting orders, they can still provide peace of mind and reduce arguments. 

Seeking legal advice before making agreements can help ensure the arrangement is fair and practical. Couples who handle the issue respectfully are often able to protect both their relationship with the pet and their dignity during separation.

The Heart of the Matter

Deciding who keeps a pet after separation can be one of the hardest parts of a breakup. While pet custody laws Australia treat pets as property, the emotional side cannot be ignored.

Courts rely on documents, financial records, and practical arrangements to reach a decision, and since June 2025 the court must also consider care, attachment and any family violence.

Couples who plan ahead and make agreements early usually find the process less stressful and more respectful for everyone involved.

Looking for Guidance on Pet Custody?

Are you unsure how pet custody laws Australia might apply to your situation? At Collective Family Law Group, our experienced divorce lawyers can provide clear advice and help you prepare for property and separation matters that involve pets.

We understand the importance of pets in family life and aim to support you with professional care.

Whether you are considering an agreement with your former partner or need to understand your legal options, we can help you take the next step with confidence.