The Family Law Amendment Act 2024 (Cth) introduced some significant changes to how companion animals are treated in family law property matters.
When will my pet be considered a companion animal?
The Family Law Act 1975 (Cth) (“the Act”) now provides a specific definition of a “companion animal”.
The definition provides that a companion animal is an animal kept primarily for the purpose of companionship, but does not include any of the following:
- An assistance animal as described in the Disability Discrimination Act 1992;
- An animal kept as part of a business;
- An animal kept for agricultural purposes; or
- An animal kept for use in laboratory tests or experiments.
Currently there no case law to help us understand when an animal will meet the threshold of “companionship”, and it will be interesting to see how this law develops once it comes into effect.
However, a pet will not meet this definition if it has multiple “purposes”, and one of those “purposes” is in the above list.
You can still deal with pets in your family law property matter, if they are not a “companion animal”. They will be treated just like any other property, and will not attract the below special considerations.
What can the Court do about companion animals?
The Act now provides powers for the Court to make Orders for any of the following:
- That only one party has ownership of the companion animal;
- That the companion animal be transferred to another person who has consented to the transfer; or
- That the companion animal be sold.
Importantly, the Act states that the Court cannot make any other type of order regarding the ownership of the companion animal.
So, the Court will never make any Orders for the shared care or shared ownership of a companion animal.
What does the Court have to consider?
The Act, very helpfully, provides a list of the things that the Court must take into account, as long as they are relevant.
This list includes:
- The circumstances of the companion animal’s purchase, including who purchased it, when they purchased it and why they purchased it;
- Who currently has ownership or possession of the companion animal;
- Whether either or both parties contributed to the care of the companion animal, both financially and non-financially;
- Whether one party has exposed the other party to family violence;
- Any history of actual or threatened cruelty or abuse towards the companion animal;
- Each party’s ability to care for and maintain the companion animal in the future, without the other party’s assistance; and
- Any other relevant circumstances.
The Court has a wide discretion to assess and give weight to any of the above considerations.
What do these changes mean?
The above changes have been made in an effort to better address family violence, and assist those who have been exposed to family violence by the other party.
It is clear that the Court acknowledges the role that companion animals play in families and in assisting victims of family violence.
Noting the difficulties that victims of family violence may face in finding suitable accommodation that allows a companion animal, and being financially responsible for it at the same time, decisions about companion animals may become more contested in negotiations, mediations and proceedings than they previously were.
The experienced family and child custody lawyers at Conditsis Lawyers Newcastle can help you at every stage of your parenting matter to reach an outcome that is focused on your best financial interests.
We offer a free no-obligation first consultation. Call our Newcastle office on 02 4058 5844 or email us to arrange a private and confidential meeting with a family lawyer who specialises in family law property matters.
