COLLARS AND CUSTODY
Pets in the Family Law Act
We all know that pets can feel part of the family. When couples separate the biggest dispute can often be about who retains the beloved dog, cat or other pet.
Recent changes to the Family Law Act now allow the Court to decide who keeps the pet and in what circumstances.
Previously, the Court rarely dealt with the issue of pets and if they did it was based on pets being merely considered a piece of property and ownership would mainly depend on who had purchased the pet or paid for its bills.
There are no reported cases of, “shared custody” although I personally have seen such an Order that was made by consent. It probably slipped past an inattentive Registrar!.
Believe it or not there have been cases that have gone all the way to the Full Court of the Family Court in relation to pets.
The position with animals has now been codified in the Family Law Act. The changes don’t of course apply to an assistance animal or animals kept as part of a business or for agricultural purposes. They only apply to companion animals, ie genuine pets.
The changes recognise that pets ought not be considered merely chattels and the changes provide a number of considerations that must be taken into account by the Court in the event of dispute. These circumstances include how the animal was acquired, who has official ownership or possession, who has paid for the pets expenses, any history of family violence or cruelty, the attachment by one of the parties or a child of the marriage to the animal, and the ability of each party to care for and maintain the animal.
The Court can order that one of the parties can have ownership and possession of the animal or that the animal be transferred to another person or that the animal be sold (this may well lead to a bidding war!).
Freeman Family Law has the expertise to advise clients on what is required to retain an animal if there is a dispute.
Speak to one of our team today.
This article was written by Graeme Freeman, Accredited Family Law Specialist and copyright is claimed.
Freeman Family Law
e: graeme@freemanfamilylaw.com.au
w:www.freemanfamilylaw.com.au
t: 03 9326 4433
