Who gets the pets in divorce or separation will depend on your circumstances. If you and your ex can negotiate and agree to have the pet live with you or your ex and spend time with the pet. If it’s a dog, you and your ex can agree that you or your ex take the dog for weekly walks or the pet is shared between you.
In Australia, sadly, animal are treated as “property” and the Family Law Act 1975 makes no specific reference to the rights of animals. The courts do not view pets as beings and in practical terms make little consideration of who was the pet’s primary carer, or who has the pet’s interests at heart, rather the court takes he view that pets are property to be allocated to one or the other party in the dispute.
“Until one has loved an animal, a part of one’s soul remains unawakened” – Anatole France
The development of animals rights law is a legitimate area of law that is slowly developing in Australia, however pet custody issues remain absent in family law disputes.
In our family law practice we understand that the family pet is more like a member of the family. We can offer you alternative dispute resolution such as mediation, collaborative family law and negotiation which may be a helpful forum to outline concerns and reasons why you consider it is in he best interests for the pet to live with you.
Let us assist you to negotiate with your former partner to reach a resolution for you and your pet.
We are a boutique legal practice, offering specialised family law serve.
We believe that families and pets don’t belong in Court and as such we work towards resolution rather than litigation. We offer you peace of mind, reassurance and protect your interests.
For more information, please contact us on 02 8999 1800.