Can you get legal custody and living arrangements made up for a pet “fur kid’ in a relationship breakup?

Imagine you’re in a relationship and you’ve expanded your family by getting a gorgeous dog or cat, your “fur baby”. Together you care for this animal and it’s very attached to both of you. Then a few years later the relationship breaks down and you decide to go your separate ways. Who legally gets to keep the pet you adopted together? Can you get custody of your pet or have legal living arrangements made up?

A recent Federal Circuit Court decision has surprised loving pet owners by confirming that custody orders cannot be made for pets, confirming that the Family Law Act only allows for custody and living arrangements to be made for human children, rather than also “fur kids”.

The Court decided that the Family Law Act can only allow for orders sharing living arrangements for human children, and that family pets should be categorized as property. Therefore, the Court can only order who keeps the pet as an item of property, rather than any arrangement for the pet to be shared by separated families.

This sentiment was echoed in a recent Magistrates Court case, where it was held that as the wife was the registered owner of the parties’ pet dog, she should retain the dog. The Court considered the documentation of registration rather than taking into account the parties’ emotional attachment to the dog.

Although reassuring to know that the Court can make orders about your pet, if necessary, these recent decisions should encourage pet owners to reach agreement with their ex-partner about living arrangements for their beloved fur baby outside of the Court; otherwise the risk is that the Court will consider only the registration and legal ownership in deciding who will keep the pet, rather than any shared custody arrangements.

You may be able to attend mediation to discuss the living arrangements of your pet, along with financial or parenting arrangements, and if agreement is reached you can contact your family lawyer to include this in a legally binding document. There may be additional steps that can be taken to reflect the new living arrangements of your pet and this can be included in the documents being signed. It may also be possible to enter into a prenuptial agreement about your pets’ living arrangements if you separate. If you have any questions, please contact CE Family Law to discuss the arrangements that may be appropriate in your situation.

Author: Sarah Pullan, Lawyer