What Orders can the Court make?

The Court has the power to make orders about companion animals in property settlement proceedings. Companion animals are those kept by the parties of a relationship for the purpose of companionship. This excludes service animals, agricultural animals and animals kept for business or laboratory/experimental purposes.

The Court only has the power to make three types of Orders when it comes to companion animals (Section 79(6) of the Family Law Act 1975):

1. That one party will own the animal;
2. That ownership of the animal will be transferred to another person (as long as they consent); or
3. That the animal be sold.

What will be taken into account?

When the Court is considering which of the above three orders it will make, it can take into account the following factors (Section 79(7) of the Family Law Act 1975):

• How the animal was acquired;
• Who owns or has possession of the animal;
• Who has cared for and maintained the animal;
• Family violence between the parties;
• Threatened or actual cruelty/abuse towards the animal;
• Attachment to the animal by the parties or the children;
• The ability of a party to care for the animal without support from the other party; and
• Any other relevant factors.

Can we share custody?

Importantly, the Court cannot make orders for parties to share care of an animal. If you and your ex-partner agree to share care of a pet, that is something that you can do between yourselves. However, it is not an order that the Court would make. This is because ultimately, pets are property, so they cannot be subject to the same types of shared care Orders that are made for children.