Who gets the Pets in a Divorce or Separation – Sydney Family Lawyers

Who gets the Pets in a Divorce

Pet Custody in NSW Separation & Divorce Cases

For most families, their pets — be it a dog, cat, or guinea pig — are beloved members of the household. So what happens to “Fido” or “Mr Meow” when people separate?

Given the integral role that pets play in many people’s lives, deciding who becomes the primary carer can be emotionally traumatic and often leads to increased tension in family law separations.

There are several reasons people may contest who keeps the family pet:

• Parents may argue over where the pet lives in relation to parenting matters, viewing the pet as a drawcard for children to spend time or live with them.
• In relationships without children, emotional attachment to the pet can lead to significant conflict.
• Occasionally, one party may use the pet as a bargaining tool — offering financial concessions in return for keeping the pet.

Disputes over pets are becoming more common in family law, particularly as Australians increasingly treat pets as family, not property.

New Legal Reforms: Pets Are No Longer Just Property in Family Law

As of 10 June 2025, amendments to the Family Law Act 1975 mean courts can now consider the welfare of companion animals when making property orders. This reform shifts pets away from being treated merely as property or business assets, especially in family violence contexts.

Previously, the Court was not concerned with the best interests of the pet — animals were often treated like CDs or furniture. If the pet was a breeding animal, it could be classified as a business asset.

Now, under section 67S of the Family Law Act, courts may consider:

• Who is the primary carer of the pet?
• Who pays for the pet’s upkeep and insurance?
• Whether the pet has an emotional bond with children.

This new legal footing allows for more thoughtful and humane handling of disputes involving family pets.

Limited but Notable Court Orders Involving Pets

There have been a handful of court orders where pets were allowed to travel with children between homes — not because the pet has legal rights, but because their presence supported the child’s emotional well-being.

For example, in a notable case, a judge ordered that “Stevie,” a pet parrot, accompany a young boy with Down Syndrome between his parents’ homes. The order wasn’t about shared custody of Stevie, but about meeting the child’s best interests in the transition between households.

Why Pet Custody is In the Media Spotlight

Pet custody has become a trending legal topic in Australia due to its intersection with family violence and coercive control.

According to Monique Dam, CEO of Lucy’s Project (a domestic violence and animal welfare organisation):

“Perpetrators often harm or threaten to harm animals to control the woman and children who love them.”
— ABC News, June 2025

New family law amendments help protect animal victims and empower courts to consider the pet’s role in the family dynamic. The reforms acknowledge that pets are not simply property, especially in vulnerable households.

Planning Ahead: What to Do if Pet Custody Will Be a Dispute in Your Separation

If you’re heading toward separation and know your pet will be a point of contention, taking early steps can help.

Here are some practical things to consider:

• Record caregiving duties: Who feeds, walks, grooms, or pays vet bills?
• Document the emotional bond: Save photos or statements showing your relationship with the pet.
• Prepare pet-friendly accommodation: Ensure your future home permits animals.
• Plan financially: Consider how costs like insurance, food, and care will be divided.
• Draft an informal or financial agreement: This could cover where the pet lives, shared time, and expense contributions.

These details can help form the basis of a private agreement or provide strong evidence if a dispute arises in court.

Negotiating Pet Care Outside the Courtroom

Due to the limited time and resources of the court system — and the low priority traditionally given to pet disputes — separating couples are increasingly negotiating private “care arrangements” for pets. These can be:

• Informal verbal agreements
• Clauses within Binding Financial Agreements (BFAs)
• Post-separation parenting or property arrangements

These agreements may specify where the pet lives, who pays vet bills, or whether the pet accompanies a child between homes.

Contact a Sydney Family Lawyer for Help With Pet Custody

If you have questions about what may happen to your pet in a separation or divorce, our team of experienced family lawyers in Sydney is here to guide you through.

Call us today on (02) 9980 1095 or contact us through our website to arrange a consultation.