Pet Custody

Pet custody is the process of deciding who will care for a pet after separation or divorce. It includes where the pet will live, whether shared care is realistic, who covers ongoing costs like food, vet bills and insurance, and how the pet’s routine and wellbeing will be maintained – especially in cases of conflict or risk of harm.

From June 2025, changes to the Family Law Act 1975 will officially recognise pets as companion animals in family law proceedings. This means courts can consider a range of factors when deciding who keeps a pet, including:

• Who originally acquired the pet

• Who currently has possession of the pet

• Who paid for and cared for the pet during the relationship

• Any history of family violence or cruelty

• A child’s or party’s bond with the pet

• Each person’s ability to care for the pet in the future

However, the new laws won’t allow courts to order shared custody – so making your own pet parenting plan is still the best option where both parties want ongoing involvement.

• First Australian firm with all lawyers trained in pet custody law
• Experienced in family law and animal law crossover issues
• Compassionate, practical and focused on your pet’s wellbeing
• We work with a trusted network of pet behaviourists and mediators
• Based in Melbourne and working with clients across Victoria, interstate and even internationally
• We love animals and have many proud pet parents in our team

We believe pets should never be treated like furniture in a separation. Let us help you find the fairest, kindest way forward.

Bruno the French Bulldog

Bruno became the centre of a tug-of-love between his humans, Miss X and Mr Z, when the couple split (before reaching de facto status), both wanted to keep him.Mr Z, who had Bruno registered in his name, sued Miss X for conversion (yep, the civil version of theft). But Miss X had been the one doing the day-to-day caring – feeding, walking, and paying for all of Bruno’s needs.

After negotiations and a round of arbitration, Miss X got to keep Bruno – on the condition she reimbursed Mr Z for costs and some additional damages. Mr Z was ordered to change over Bruno’s papers and transfer official ownership.

We’re happy to report Bruno is living his best life with Miss X – belly rubs, puppuccinos, and all.

Testimony from Miss X

“I want to thank you both (Jane Libbis & Barrister Beth Warnock) from the deepest part of my heart and soul for everything you’ve done for me and Bruno.