Family pets hold a special place in our hearts and are often victims in family law disputes.\u00a0When undergoing a separation from a partner, we are often asked \u2018who gets to keep the family pets?\u2019.<\/p>\n
Il\u00a0Family Law Act\u00a0<\/em>1975 of the Federal Circuit and Family Court of Australia Rules <\/em>2021 does not contain any specific provisions for pets and\/or the ownership of animals.\u00a0For this reason, the Court does not have any jurisdiction to determine who has custody of the family pet.\u00a0The Court strongly encourages separated parties to reach an agreement amongst themselves.<\/p>\n In an instance where the parties cannot come to an agreement, in a family law proceeding the family pet will treated as personal property and the ownership of the pet i.e. who the pet is registered to will determine the issue of ownership.<\/p>\n In the recent case of Gaynor & Tseh [2018] FamCA 164, it was demonstrated that the Court may consider the below questions when determining the issue:<\/p>\n 1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Where is the pet going to live and does one party have more suitable accommodation for the pet than the other?<\/p>\n 2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Who primarily cared for the pet during the relationship? Such as who bathed, fed, walked and took the dog to the vet primarily?<\/p>\n 3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Who paid for the purchase of the pet and the expenses for the pet such as vet bills, food, training and toys?<\/p>\n 4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Is the pet registered in one party\u2019s name?<\/p>\n 5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Are there children in the relationship that have an attachment to the animal and if so, should the animal stay with the parent who has primary care of the children?<\/p>\n Whilst the best interest of a Child is the primary consideration in a family law proceeding for orders relating to children, the family pet’s best interest is not a determining factor for who gets to keep them.<\/p>\n