Pets now a formal part of separation proceedings

PETS may not usually be front of mind when relationships or families break down, but since last month they are formally recognised in separation proceedings.

Since the Family Law Amendment Act 2024 came into effect in June, pets are no longer considered simply as property. Courts can now consider welfare, emotional bonds and who is best placed to care for a pet or pets.

But courts can not order shared custody.

The co-founder and managing partner of a Melbourne family law firm that has recently established a presence in Ballarat said the frequency of wrangles over custody of pets was rising, particularly in the wake of the pandemic.

“This is the emotional heart of separation that no one talks about – and the law is only just catching up,” Umbrella Family Law’s Jane Libbis said.

Ms Libbis said her firm was dealing with a case at the moment where the only issue was who gets the pet.

“I know there’s been a lot overseas around pets being treated as sentient beings and actually considering the welfare of the animal,” she said.

“This change doesn’t go quite as far as that, but I would expect it’s a reaction to the vast number of pet owners in Australia, particularly post-COVID and how important we all see the pets as being.

“Certainly in my practice I’ve struck it more since COVID than I did before.”

Ms Libbis said pets were sometimes used as a weapon in negotiations, as a leverage to gain control.

“[We also see] people tussling over who they believe has the closest relationship to the animal and who gets to keep it post-separation. We do see that a lot,” she said.

Ms Libbis said the firm had encountered women who stay in unsafe relationships because they cannot leave their dog, and had even dealt with clients in tears not over the house or superannuation, but over a rescue cat that had seen them through their worst years.

Ms Libbis said Umbrella Family Law practitioners had been trained in pet custody by international expert Karis Nafte, who is based in South Africa and told the firm it was the first in Australia to complete formal training.

“She is recognised as the world expert on dealing with lawyers and mediators on this issue,” she said.

“We worked with her to go beyond just a strict legal framework – to also look at what is also important for the pet and some of the practicalities the law is now taking into account.”

Ms Libbis and her staff can be contacted at [email protected].