Pet custody laws in Australia

Pets are an important part of the family and can be one of the hardest parts of a separation.

Pets are an important part of the family, and deciding “who gets the dog” can be one of the hardest parts of a separation.

“Pet custody” is the phrase everyone uses, but Australian family law approaches pets differently from children and, on 10 June 2025, made amendments to how we consider pets in family law matters and to safeguard against family violence.

This article will set out what the law says, what a court can order, how it decides, what happens if you weren’t a couple in the legal sense, and how to sort it out.

Does Australia have “pet custody” laws?

There are no set pet custody laws or care arrangements in Australia. The Family Law Act considers that pets are legally property to be divided as part of the property settlement. However, on 10 June 2025, the Family Law Act labelled pets as “companion animals” and to be treated as a special kind of property for separating married or de facto couples.

What is a companion animal?

A companion animal is a pet that is primarily kept for companionship. This does not include:

  • Assistance animals
  • Animals kept as part of a business; or
  • Animals kept for agricultural purposes; or
  • Animals kept for use in laboratory tests or experiments.

An animal kept for more than one purpose, such as a working farm dog that is also the family pet, generally is not considered a companion animal.

What can a court order for a pet?

In pet custody disputes, the Court can make orders for the ownership of a pet such as:

  • The pet be kept by one party;
  • The pet be transferred to another person who agrees to take it; or
  • The pet be sold.

The Court cannot make orders for shared care or spend time with arrangements for your pet if there is no agreement between you and your ex-partner. This means that you and your ex-partner can always agree to pet custody arrangements between yourselves.

How does a court decide who keeps the pet?

If there is a pet ownership dispute, the Court may consider the following factors:

  • how and when the pet was acquired, or who bought or adopted it
  • who the pet is registered to.
  • who currently has the pet.
  • who has cared for the pet, for example, taking the pet for walks, the vet, feeding, etc.
  • who has paid for the costs of the pet, for example, food, vet bills, registration, toys, etc.
  • if there is any family violence between you and your ex-partner.
  • If there is any history of actual or threatened cruelty or abuse toward the pet
  • how attached you, your ex-partner or any children are to the pet.
  • each person’s demonstrated ability to care for the pet in the future, including housing, finances and time
  • any other relevant matter.

The Court has a wide discretion when making orders and is not bound to the above factors; this means that there is no guaranteed outcome when considering pet ownership.

What to do if you’re facing a pet dispute

If you are facing a pet dispute, do not despair; seek advice early and gather your records that show ownership and care, such as adoption or purchase receipts, registration and microchip details, and vet and insurance bills.

Once that is done, think about who is the pet’s main carer and who can realistically care for it going forward. If you and your ex-partner cannot agree, consider participating in dispute resolution, such as mediation, to resolve any pet custody dispute.

What if you weren’t married or in a de facto relationship?

The Family Law Act companion-animal rules apply to married and de facto couples. If you were not in a legally recognised relationship (for example, parent/child, roommates, housemates or a dating couple), a pet dispute isn’t a family-law matter.

In that case, it becomes an ownership dispute decided in a state or territory civil court, based on who legally owns the animal. Evidence like the purchase or adoption record, registration, microchip details and vet records matter most. This does not mean there are no options available to you, but rather this is not a custody issue.

Do the rules differ by state?

The Family Law Act is a federal law, meaning it applies the same across every state and territory for married and de facto couples (except in Western Australia).

What may differ by state or territory are registration, ownership, or welfare laws that can assist in determining who is the pet’s owner.

Can you make a pet custody agreement?

Yes, you and your ex-partner can agree to set pet custody arrangements. Even though a court cannot order shared care, you and your partner can privately agree to share a pet or set out who keeps it.

To formalise that agreement, you can enter into consent orders (after the relationship) or a binding financial agreement (before, during or after the relationship) to set out the pet custody arrangements.

A clear written agreement helps avoid a dispute later.

Going through a separation? Talk to a family lawyer

Working out who keeps a much-loved pet can be one of the hardest parts of separating. Watts McCray’s experienced family lawyers can explain where you stand and help you reach a workable arrangement.

Request a call back from our friendly team via the form below or call us directly.

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