Pet Custody & the Family Court: What the New Law Actually Means

In June 2025, changes to Australia’s Family Law Act 1975 (Family Law Amendment Act 2025) finally gave pets a proper seat at the table in separation and divorce proceedings.

But what does that really mean? What can a court now order when it comes to your pets – and what’s still off limits?

Here’s a breakdown of what’s changed (and what hasn’t).

What the Court Can Now Do

Under the new family law changes, pets are no longer treated purely as property. Instead, courts now have the discretion to consider pets as “companion animals” – and can make decisions based on their welfare and best interests.

Here’s what the court can now consider and order:

• Who the animal lives with full-time
• Who is better placed to care for the pet day-to-day
• Arrangements that reflect the pet’s welfare and emotional wellbeing
• Whether there has been family violence involving the animal

In other words, the Court can now factor in the real-life relationship between a person and their pet – not just whose name is on the ownership paper.

What the Court Still Can’t Do

The law has evolved – but it hasn’t gone so far as to treat pets like sentient beings. So, some things are still off the table.

• The Court won’t create a detailed pet parenting plan like it might for children
• You probably won’t get formal “shared custody” orders
• The Court won’t order ongoing financial support for pet care

That means if you want to create a pet schedule, share expenses, or arrange a special routine, it’s best to do so privately, or with the help of us here at Umbrella Family Law, as part of your overall property or parenting agreement.

What the Court Used to Do (Before the amendments)

Before the changes, pets were legally treated like any other item of personal property – alongside furniture, vehicles, or superannuation.

This meant:

• The Court focused on ownership and value, not emotional connection
• Pets were usually assigned to one party, often based on receipts or who paid the adoption fee
• There was no scope to consider pet welfare or shared care

To many families, this felt cold and outdated – especially when pets are often seen as family members.

Why This Matters

These new amendments bring Australia’s laws closer to how families actually live and love.

For many of our clients, the dog, cat, or even the horse isn’t “property” – it’s their emotional support, their kids’ best friend, and a daily companion through the hardest moments.

We’re proud to support people through these decisions with compassionate legal advice and pet-first thinking.

 

Want to Know More?

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