19 March 2025: Australian pets are about to be recognised for their role in families with new reforms coming into effect this June for family law. For the first time, Australian legislation will acknowledge the role of companion animals in family disputes.
Family law expert Angela Tondelstrand welcomes the changes, highlighting the growing recognition of pets as more than just property in separation proceedings. Under the reforms, courts will now consider attachment to pets and any history of animal abuse when determining pet ownership after separation. However, joint pet custody orders will not be allowed.
“These changes mark a significant step toward a more just and compassionate family law system, ensuring that the welfare of pets is properly considered and that separating couples receive fair outcomes when it comes to their beloved animals,” says Ms Tondelstrand, a Director at Catton and Tondelstrand Family Lawyers.
The legal shift acknowledges the deep emotional bonds between individuals and their pets, as well as concerns about the potential use of animals as a means of control or coercion in abusive relationships. Courts will now have the power to take into account which party has been the primary caregiver for the pet, as well as any risks of harm if the pet were to be placed with a particular party.
Tondelstrand advises couples undergoing separation to be mindful of these changes and seek legal advice on how they might impact pet ownership disputes.
“Couples in the process of, or considering separation, need to keep this in mind as the new rules will apply to all new and ongoing cases, except those where a final hearing has already started,” she says.
These reforms reflect the evolving understanding of pets as family members rather than mere assets, bringing family law in line with modern attitudes towards animal welfare.
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