When couples separate, deciding who retains the family pet can become a contentious matter.
Pets are often considered cherished members of the family and both parties may have formed deep emotional bonds with the pet over the course of their relationship.
There are no specific provisions for pets in the Family Law Act 1975 (Cth).
The court does not have jurisdiction to make time arrangements in relation to a pet, as it does in parenting matters. Instead, pets are considered assets similar to a house or car.
While pets are legally considered assets, their emotional value often far exceeds their monetary value. In most cases, pets are of low financial value unless they possess significant monetary value, such as racehorses or pedigree dogs used for breeding.
Some of the factors the court may consider when determining pet ownership include who the registered owner of the pet is, who the pet resided with prior to the relationship, who is responsible for payment of costs, including pet insurance, veterinary bills and food costs, and who can provide suitable accommodation and care for the pet ongoing.
The best approach to resolving pet ownership disputes is negotiation. If parties cannot reach an agreement, seeking legal advice from an experienced family lawyer can help navigate this process.
Chloe English, Lawyer, Catton & Tondelstrand Lawyers, Kon-Tiki Business Centre Tower 1, Level 3, Suite 315, 55 Plaza Parade, Maroochydore, 5609 4933, ctlawyers.com.au.
This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.
