Family LawNewsWho gets the Dog?

Family pets hold a special place in our hearts and are often victims in family law disputes. When undergoing a separation from a partner, we are often asked ‘who gets to keep the family pets?’.

The Family Law Act 1975 of the Federal Circuit and Family Court of Australia Rules 2021 does not contain any specific provisions for pets and/or the ownership of animals. For this reason, the Court does not have any jurisdiction to determine who has custody of the family pet. The Court strongly encourages separated parties to reach an agreement amongst themselves.

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.

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:

1.      Where is the pet going to live and does one party have more suitable accommodation for the pet than the other?

2.      Who primarily cared for the pet during the relationship? Such as who bathed, fed, walked and took the dog to the vet primarily?

3.      Who paid for the purchase of the pet and the expenses for the pet such as vet bills, food, training and toys?

4.      Is the pet registered in one party’s name?

5.      Are 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?

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.

If you need any help or further information on this issue, please reach out to our Family Law Team at SLF Lawyers.