Animals and Family Law

If you're a pet owner facing separation, you'll be happy to hear that the law is catching up with how much our animals mean to us. Soon, new rules will come into effect in Australia that recognize pets as more than just property during family law proceedings. This is a significant change that acknowledges the strong emotional bonds we share with our beloved companions. Let's break down what this means for you and your furry, feathered, or scaled family members.

In the past, Australian family law treated pets like any other possession, such as furniture or a car. This often didn't reflect the reality of the deep connection people have with their animals. The upcoming changes, under the Family Law Amendment Act 2024, will now refer to pets as "companion animals". This new term highlights that these animals are primarily kept for companionship, recognizing their role as emotional support and friends.

It's important to note that this new definition doesn't apply to all animals. Assistance animals, which have their own set of rules, and animals kept for business, farming, or research purposes are excluded. So, the new laws mainly focus on domestic pets. Even if an animal serves more than one purpose, it might not be considered a companion animal if its main role isn't companionship. For example, a sheepdog that's also a family pet might not be classified as a companion animal under this legislation if its primary purpose is herding sheep. This means the courts might need to look at the main job of the animal in each situation.

What the Court Will Consider: Key Things to Know

The Family Law Amendment Act 2024 introduces specific things the family court must think about when deciding who gets to keep a pet during property settlements. These are outlined in new sections of the Family Law Act and will help the court make decisions based on more than just who legally owns the animal.

Here are some of the main factors the court will consider:

• How the pet came into the family: The court will look at the circumstances of how the pet was acquired. This could mean considering who owned the pet before the relationship or who was mainly responsible for getting the pet.

• Who has the pet now: The court will consider who currently has the pet. While this is important, it won't be the only thing the court looks at.

• Who took care of the pet: A big factor will be who was primarily responsible for the pet's care and expenses, such as feeding, exercising, and vet bills .

• Emotional bonds: The court will consider the attachment a person or a child has to the pet. This is especially important when children are involved.

• Future care: The court will assess whether each person can properly care for the pet in the future, on their own . This includes things like living arrangements, work schedules, and finances.

• Safety first: Importantly, the court will consider any history of cruelty or abuse towards the pet by either person. This aligns with how the law deals with family violence.

• Other important factors: The court can also consider any other relevant information to make a fair decision.

Factor	What it Means
Circumstances of acquisition	How the pet became part of the family.
Current ownership or possession	Who has the pet right now.
Extent of care and maintenance provided by each party	Who was responsible for looking after the pet and paying for its needs.
Attachment of party or child to the pet	The emotional connection between the person or child and the pet.
Ability of each party to provide future care	Whether each person can independently care for the pet in the long term.
History of family violence or animal cruelty	Any past instances of abuse or threats towards the pet or within the family.
Any other relevant factors	Any other information the court thinks is important for making a fair decision.

How Pet Disputes Will Be Resolved: What's Changing

These new laws mean that when couples separate, pets will be treated differently than other assets. The focus will be more on the pet's well-being and its relationship with each person, rather than just who owns it financially.

Under the new legislation, the court can make one of three types of orders:

1. Award sole ownership: The court can decide that one person will be the sole owner of the pet.

2. Transfer ownership: The court can order the pet to be transferred to someone else, but only if that person agrees.

3. Order a sale: If no other suitable option exists, the court can order the pet to be sold.

It's important to know that the court cannot order joint ownership or shared custody of pets. While some couples might prefer to share care, the law aims for a clear decision on ownership to avoid future disagreements and ensure the pet has a stable home. Because pet disputes can arise early in separation, the court can also make temporary orders about who will have the pet while the bigger issues are being sorted out. This can provide stability for the pet during a difficult time.

Protecting Pets from Family Violence: A Step Forward

A very important part of the Family Law Amendment Act 2024 is that it specifically recognizes the link between pets and family violence. The law acknowledges that pets can be used to control or threaten someone in an abusive relationship. An abuser might harm or threaten a pet to scare or control their partner. This new recognition is a big step towards better protecting both people and animals in these situations.

Because of this understanding, the new law states that if one person has a history of abusing or threatening a pet, this will be a major factor in deciding who gets ownership. This means it's very unlikely someone with a history of animal cruelty will be awarded the pet. This also connects with the broader definition of family violence in the Family Law Act, which now includes intentionally harming or killing an animal. This shows how seriously the legal system views animal abuse in family situations. Ultimately, these changes aim to help survivors of family violence keep their pets , as pets can be a vital source of comfort and support after abuse.

Implications for Pet Owners Across Australia

The introduction of this new legislation is poised to have a significant impact on individuals involved in family law disputes across Australia. By providing clearer guidelines and a more structured framework for resolving pet ownership disputes, the legislation aims to reduce uncertainty and potentially alleviate some of the emotional distress and legal costs associated with these often-contentious issues. While the emotional attachments involved can still make these disputes challenging, the new laws offer a more predictable and compassionate approach to decision-making.

In Western Australia, the Family Law Act 1975 (Cth) applies to married couples , meaning that these new provisions concerning companion animals will directly affect married individuals in Perth and throughout the state. However, it is important to note that Western Australia has not referred its legislative power regarding de facto property disputes to the Commonwealth Parliament. Consequently, the specific Commonwealth legislative changes regarding pets may not initially apply to de facto couples in WA. This could lead to a temporary difference in how pet ownership is determined for married versus de facto couples within the state. Nevertheless, there is an expectation that Western Australia will likely adopt similar reforms in the future to ensure consistency with the Commonwealth provisions , eventually creating a uniform approach for all separating couples in the state.

Given the nuances of this new legislation and the potential for individual circumstances to vary significantly, it is highly recommended that inhabitants of Perth and across Australia who are facing separation or divorce and have concerns about their pets seek legal advice from family law experts. Legal professionals can provide tailored guidance based on the specific facts of a case and the current legal landscape in their jurisdiction. Furthermore, pet owners facing separation can take proactive steps to strengthen their case, such as documenting their caregiving responsibilities, including records of veterinary visits, feeding schedules, and other forms of care, and prioritizing the pet's overall welfare. Demonstrating a consistent commitment to the pet's well-being can be compelling evidence for the court when making ownership decisions.

Conclusion: A More Compassionate Approach to Family Law and Pets

The upcoming changes to the Family Law Act in Australia represent a significant step forward in recognizing the emotional significance of pets in family life. By defining pets as companion animals and establishing specific factors for the court to consider in ownership disputes, the new legislation moves away from treating these beloved creatures as mere property. The enhanced protection afforded to pets in situations involving family violence is a particularly noteworthy aspect of these reforms, underscoring the legal system's growing awareness of the interconnectedness between animal welfare and domestic safety. While the initial application of these changes may differ slightly for de facto couples in Western Australia, the overall impact of this legislation is expected to be positive for pet owners across the country, including inhabitants of Perth. These reforms mark a more compassionate and nuanced approach to family law, better reflecting the values and realities of modern Australian families and their cherished animal companions.