Written by: Taylor Wilson
Going through separation or divorce is already difficult, but when pets are involved, it can be even more complicated.
You may wonder if co-parenting your dog is possible or if the psychological stress of seeing your ex-partner in between visits is worth it. But if you’re living on your own now, the loving company your dog or cat provides may be worth the effort.
Keep reading to learn what your rights are if you are in the midst of a separation or divorce with shared pets.
Pets are Classified as Property
Even though we consider our furry friends as members of the family, pets are classified as property in family law disputes.
Despite custody of pets in separation being an issue for many families, there are no explicit provisions within the Family Law Act 1975 (Cth) which provide for how the care of pets is determined when a relationship breaks down.
How the Court Handles Pet Ownership Disputes
The court approaches pet disputes the same way they approach disputes over any other item of property. One party will be granted ownership of the animal, and typically, the court will not order visitation or custody arrangements.
Who Gets the Dog? Factors the Court Considers
To determine who gets the pet after separating, the court may consider factors such as:
- Who paid for the pet?;
- Who has primarily cared for the pet?;
- Who has the ability to best care for the pet moving forward in light of their work commitments?;
- Who has the accommodation most suitable to house the pet?;
- Which party is the most emotionally attached to the pet?;
The court may also consider which party is the most emotionally attached to the pet. Plus, if there are children involved, how much time they will get to spend with the pet?
If the pet is of significant financial value, like a horse, they can be valued and included in the property pool for distribution.
Finally, if you owned the pet prior to the relationship and they are registered in your sole name, that will significantly impact the likelihood of you keeping that pet upon separation.
Tips for Keeping Your Dog or Cat After Separating
- Ensure your pet is registered in your name.
- Register their insurance under your name.
- Keep a clear record of the expenses you pay for their care.
- Include your fur baby in a Binding Financial Agreement (pre-nuptial agreement) to ensure there are clear arrangements about who your pet will stay with in the event of a relationship breakdown.
Can the Court Order Shared Custody of a Pet?
The family court does not have jurisdiction to order shared custody of your pet.
The family court does have an obligation under s81 of the Act to end financial relations between parties to avoid further proceedings between them upon separation.
Shared arrangements for pets (property) are likely to create conflict between parties, which leaves opportunity for further proceedings. So, the court will dismiss applications of this nature.
Options for Resolving Pet Custody Disputes
1. Informal Agreements
In an informal agreement, pets may travel with children at changeover when they are spending the weekend with the non-custodial parent.
Some parties are capable of coming to an amicable arrangement to provide for the pet to move with the children between the parents’ respective homes, and split expenses for the pet equally as they fall due.
However, this may not always be a practical approach for larger pets such as horses, or pets in an environment which are difficult to transport, such as fish.
2. Pet Parenting Plans
If you and your former spouse can agree on a shared care regime for your pet, you are free to do so. There is nothing preventing your beloved beagle Ollie, from spending weekends and school holidays at Dad’s and the school term at Mum’s.
Arrangements that suit your circumstances might look different for your family. So if you can, get creative with a plan that will work for everyone, including your furry friend!
If your children are particularly attached to your pet, transitioning into the non-custodial parent’s care with that pet might ease the transition for them, so it is something to keep in mind.
However, like a regular parenting plan, these types of agreements are unenforceable before a court if one of the parties’ elects to depart from that agreement.
3. Property Settlement
It is not uncommon for pets to be included within property consent orders. This ensures the party retaining the pet is solely responsible for the associated costs of keeping the pet moving forward.
Costs may include registration, grooming, vet expenses, vaccines, pet insurance, and other costs of general day-to-day care.
4. Court Involvement
The court will not intervene on the custody of your furry friend unless your ex-partner lodges a formal dispute. This occurs when one party files an application for property settlement.
5. Speak with a Family Lawyer
Finally, if you are struggling to determine who gets the cat or dog after a break up, speak with an experienced family lawyer to ensure you get the best possible outcome in this situation.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Family Law Team
