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Family Law Pet Custody Reform in Australia: What the 2025 Changes Mean for You

"Discover how pets are now treated under Australian family law and what it means for divorce, separation and domestic violence cases."
Family Law Pet Custody Reform in Australia 2025 - Jameson Law

New Family Law Reforms in Australia: Companion Animals Gain Legal Recognition

As of 10 June 2025, Australian family law has undergone a significant shift in how courts view pets during separation and divorce proceedings. Previously classified solely as property, companion animals now receive a more nuanced consideration under the Family Law Amendment Act 2024. These changes reflect growing societal recognition that pets are not merely assets — they are emotionally bonded family members.

Historically, pets were treated like furniture or vehicles in property settlements, which often led to outcomes that disregarded the welfare of both the animal and the parties involved. The new reforms aim to change that, especially in the context of domestic and family violence, where animals have often been used as tools of coercive control.

What Changed in the Family Law Act?

Under the amended legislation, courts are now required to consider a specific set of factors when determining who should retain ownership of a companion animal. These factors include:

Although pets are not yet recognised as sentient beings under Australian law, these reforms represent a critical move toward recognising their emotional and relational value. The courts now assess ownership not just through property law principles, but through lenses of welfare, stability, and the best interests of both humans and animals.

For individuals navigating separation, this means greater legal clarity and improved outcomes where companion animals are involved. At Jameson Law, our family law team is equipped to guide clients through these complex matters with care and strategic legal insight.

The Importance of Companion Animals in Family Violence Cases

Studies have shown that animals are often victims in households affected by domestic violence. In fact, research from the Animal Justice Party and RSPCA Australia suggests that abusers may threaten or harm pets to control their victims emotionally or prevent them from leaving. Recognising this dynamic, courts can now consider whether a party has used a pet as a means of coercion or abuse.

This is particularly relevant in the context of Apprehended Violence Orders (AVOs), where pets may now be mentioned in protection orders. Jameson Law’s domestic violence lawyers can help ensure your companion animals are included in safety plans and legal filings.

No Shared Custody for Pets – Yet

Unlike parenting arrangements for children, the courts will not order joint custody or shared visitation of pets. However, separating couples may enter into a private agreement about shared care if they choose to. These agreements, while not enforceable under family law in the same way as parenting plans, can be supported by property settlement documentation or a binding financial agreement.

For couples with strong emotional ties to a pet, negotiating terms with the help of a family law mediator can prevent conflict and future disputes. Our team at Jameson Law facilitates structured negotiations that protect both your rights and your pet’s wellbeing.

Financial Abuse Now Defined in Law

The 2024 amendments also introduced a broader definition of family violence to include financial abuse. Examples include restricting access to money, controlling employment decisions, or forcing someone into debt. These behaviours may influence decisions about who retains a pet — especially where the victim relied on the animal for emotional support or stability.

Victims of financial abuse can seek legal protection and support through the courts or with the assistance of services like 1800RESPECT and Women’s Legal Services Australia.

At Jameson Law, we’re committed to protecting those impacted by domestic and financial abuse. Our family court representation ensures your voice is heard when it matters most.

Wider Legal and Social Impacts

The decision to formally acknowledge pets in the context of family breakdown reflects broader shifts in Australian legal thinking. Legal academics from institutions like Melbourne Law School and UNSW Law & Justice have welcomed the reforms as long overdue, pointing out that for many Australians, pets play a stabilising and therapeutic role during emotionally volatile transitions like divorce.

Animal welfare advocates, including Sentient – The Veterinary Institute for Animal Ethics, have long campaigned for a legal model that recognises the sentience and individual interests of animals. While the current reforms stop short of granting personhood or guardianship status to pets, they are a step in the right direction.

Similar reforms have been implemented in countries such as New Zealand, Spain, and parts of the United States, where courts are increasingly required to consider the welfare of animals in divorce proceedings. Australia’s move aligns with global trends toward more humane and psychologically informed family law frameworks.

What It Means for Family Lawyers and Pet Owners

For family lawyers, these changes require new case preparation methods and closer collaboration with clients about the role pets play in their lives. Understanding who walked the dog, paid for vet bills, and nurtured emotional bonds may now influence legal outcomes.

For pet owners, it reinforces the need to keep clear records, maintain updated microchip details, and proactively include pets in pre-nuptial or post-nuptial agreements. These documents can help avoid painful court battles and ensure continuity of care for beloved animals.

If you’re planning separation or facing a family law dispute involving a pet, our team at Jameson Law can help you assess your position and navigate the new legal terrain with confidence.

Get Legal Support Today

Family law is evolving, and your legal support should evolve with it. Whether you need help negotiating a property settlement, responding to allegations of domestic violence, or clarifying your rights around a companion animal, our team is here to assist.

Visit our contact page to speak with a Sydney family lawyer who understands both the emotional and legal dimensions of your case.

At Jameson Law, we believe every voice matters — and yes, that includes the silent support of the pets we love.

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