Major Reform in Family Law Coming into Effect
From 10 June 2025, pets will no longer be treated as mere property during family law disputes in Australia. The Family Law Amendment Act 2024, passed by Parliament in December 2024, introduces a groundbreaking change to how courts handle pet custody during relationship breakdowns. The law recognises pets not as objects like cars or furniture, but as sentient beings with their own welfare and needs.
This reform provides a new framework for determining ownership of pets in property settlements, ensuring their welfare is properly considered alongside the interests of all parties involved.
Under new laws, pet custody will no longer hinge on ownership papers alone — courts will now weigh emotional bonds and daily care. [Credit: Helena Lopes/Pexels]
Goodbye Property, Hello Sentient Beings
Historically, pets were legally regarded in the same category as household goods. As Eve Smith, a collaborative international family lawyer and pet custody expert, puts it:
“Animals have long been considered the same as a dining table and chairs, or car, or boat.”
Until now, legal decisions about who kept the pet typically depended on whose name was on the registration or who initially paid for the animal. However, under the new legislation, this simplistic approach ends. Courts will now consider a broader range of factors such as:
- Who feeds and walks the pet
- Who pays for veterinary care
- The pet’s emotional attachment to people (e.g. children)
- Whether the animal’s welfare would be better served in one household over another
“Now it’s not only whose name the animal is in, but other factors are taken into account such as who walks the dog, feeds it, takes it to the vet, pays for medical expenses,” says Ms Smith.
Protecting Pets and Survivors in Domestic Violence Cases
A critical addition to the law addresses the intersection of pet custody and domestic violence. The court must now consider whether a person has used violence against a partner or inflicted cruelty on the family pet when determining custody outcomes.
Monique Dam, CEO of Lucy’s Project, a charity supporting people and animals experiencing domestic violence, welcomes this change:
“It is a really positive shift that courts will now need to consider family violence and cruelty towards a companion animal when making decisions about who should own the animal.”
The reality is stark: 70 per cent of women fleeing domestic violence report pet abuse, and many delay leaving dangerous situations out of concern for their animals.
“Women make the difficult decision to live out of their cars with their children and animals, or delay leaving a violent partner [because they don’t want to abandon the pet],” says Ms Dam.
This legal shift provides greater protection for survivors and their animals by formally recognising pets’ roles in controlling or coercive behaviour.
Courts to Consider What’s Best for the Pet
According to Professor Katy Barnett of Melbourne University, the changes signal a welcome shift towards a “best interest for all” approach:
“Animals are sentient beings. And often people have a particular emotional attachment. You can’t divide an animal up.”
The new legal framework encourages a more thoughtful and nuanced examination of arrangements—who can physically, emotionally, and financially care for the animal best?
“You need someone to be active with it, someone who will walk it, and feed it, that the pet isn’t left at home all day,” says Ms Smith.
Veterinary behaviour specialist Dr Kersti Seksel highlights other considerations such as accommodation suitability and financial capacity:
“Like kids, pets come with illnesses that have to be paid for. And we don’t have Medicare for pets.”
She adds that apartment living or restrictive leases may not be suitable for some animals. The court will need to evaluate all such contextual factors to arrive at a decision that is fair and in the animal’s best interest.
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Trial and Error: A Flexible Approach to Pet Custody
Some pet custody disputes may lead to shared arrangements, similar to child custody. However, as Ms Smith points out:
“It might be great for the children, but it might be too demanding on the pet who might actually need some downtime at home with one parent.”
Dr Seksel suggests families should monitor how the pet adjusts:
“Assess how the pet is coping, and be flexible in the arrangement.”
This collaborative, evidence-based approach could help reduce conflict and ensure the animal’s well-being remains central.
More Than Just Pets: A Broader Shift in Family Law
The pet custody changes are part of wider reforms in the Family Law Act 1975 starting from 10 June 2025. These include:
- Recognising the economic impact of family violence in property divisions
- Addressing financial abuse, including dowry abuse
- Allowing a less adversarial approach in family law proceedings
- Enhancing obligations around financial disclosure
These changes apply to all couples—whether they go to court or settle privately.
A Humane Shift in Legal Thinking
Australia’s reformed family law marks a significant evolution in how animals are valued—not as objects, but as cherished companions. For countless families, this shift brings clarity, compassion, and justice.
As this legislation comes into effect, it reflects not just a change in law, but a growing recognition that pets are family—deserving of care, protection, and thoughtful consideration in life’s most difficult moments.
If you’re experiencing family or domestic violence, support is available:
- 1800 RESPECT (National helpline): 1800 737 732
- Men’s Referral Service: 1300 766 491
- Lifeline: 13 11 14
- Relationships Australia: 1300 364 277
- Victims of Crime (National): 1800 819 817
- In an emergency, call 000
