What Is a “Companion Animal” in Australia’s New Family Law Changes?

In June 2025, Australia introduced changes to the Family Law Act 1975 (Family Law Amendment Act 2024) – especially around pet custody during separation and divorce. For the first time, the law recognises pets as “companion animals”, rather than just property. But what exactly does that mean? And which animals count?

Let’s unpack it.

What Is a Companion Animal?

Under the new family law changes, a companion animal is any animal that is kept primarily for companionship – not for work, profit, or therapeutic services.

This means the court can now consider your relationship with your pet, and who is best placed to care for them, rather than simply looking at who “owns” the animal on paper.

Which Animals Count?

While dogs are the most common companion animals in Australia, they’re not the only ones covered under the law. The new definition is intentionally broad and may include:

• Cats
• Rabbits
• Birds
• Horses (if they are kept as pets, not work animals)
• Guinea pigs, mice, rats
• Reptiles and snakes
• Fish (yes, even your goldfish or exotic aquarium pets!)

Essentially, if the animal lives with you and is kept for companionship and emotional connection, they may fall under the new companion animal provisions.

What’s Not a Companion Animal?

It’s important to note that assistance animals, service animals, and emotional support animals are not considered “companion animals” under this part of the Family Law Act. These animals fall under other legal frameworks – such as the Disability Discrimination Act 1992 – and have distinct protections and responsibilities attached.

Likewise, animals used for farming, breeding, or business purposes may not qualify as companion animals.

Why This Change Matters

In the past, pets were treated like any other piece of property in family law proceedings. Now, courts can look at:

• Who has the strongest bond with the animal
• Who provides day-to-day and financial care
• The safety and wellbeing of the animal (especially in family violence situations)
• The impact of shared care on the animal’s stress and health

This is a big step forward in recognising how much pets mean to Australian families.

We’re Leading the Conversation

At Umbrella Family Law, we’ve been advocating for pet-first decision-making long before these changes became law. Our work in this area has been featured in major media outlets including:

ABC Radio & ABC News
9News
Radio New Zealand
The Age

We’re proud to be at the forefront of this evolving area of family law – bringing compassion, clarity, and calm to what can often be a very emotional topic.

Want to Learn More?

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