Who gets the pet – and other big changes for divorcing couples
Separating couples fighting in court over the family pet and the division of assets face a new legal landscape following landmark changes that elevate the status of companion animals and recognise the financial consequences of family violence.
The changes to the Family Law Act, which started on Tuesday, apply to all former couples about to commence or at the start of proceedings in the Federal Circuit and Family Court, unless the final hearing is under way.
Companion animals
Michael Tiyce, principal of Sydney law firm Tiyce & Lawyers, said the law was now 'a lot clearer' about how the court would approach a dispute over the ownership of a pet in the context of a wider property fight between a former couple.
The court must consider a range of factors before making orders about pets, including who had looked after the animal, bonds of attachment – including between the pet and the parties' children – and demonstrated ability to provide care.
Crucially, family violence must also be considered, including 'any history of actual or threatened cruelty or abuse by a party towards the companion animal'.
Melbourne-based family law expert Jodylee Bartal, a partner at Schetzer Papaleo Family Lawyers, said the changes 'elevate the treatment of animals to reflect the important role that they play in some families'. The laws applied to family pets rather than other animals such as working dogs.
Bartal said the court could only grant ownership of the pet to one party, order that it be sold, or order that its ownership be transferred to a third party if that person consented. It could not make an order for shared custody of pets, but the parties could agree to this.
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