It is very common for both parties who have separated to want to keep the family pets and in June 2025 the process for assessing who should be entitled to retain the family pet was changed.

It is useful firstly, to put out that pets are treated as property in family law proceedings. They are capable of ownership and the Court has clear jurisdiction to make a determination as to which party will retain the pet.

New legislation was passed that indicates the following factors must be weighed up before the Court determines who retains the pet:

1. The circumstances of how the pet was acquired;

2. Who has ownership of the pet, for example who is registered on the microchip, who has the account with the local VET;

3. The extent to which each party cared for and paid for the maintenance of the pet;

4. Any history of actual or threatened cruelty and or family violence;

5. Any attachment by a party or by children to the pet;

6. The demonstrated ability of each party to care for the pet; and

7. Any other fact or circumstance which is relevant.

The Court, weighing up those factors, will determine who is the most appropriate party to retain the family pet.