Pet Custody in Australian Family Law: The 2025 Companion Animal Reforms

Until June 2025, companion animals in Australian family law were generally dealt with as property in property proceedings. Ownership, possession, contributions and other circumstances could matter; a microchip registration or purchase receipt was not an automatic legal answer.

The Family Law Amendment Act 2024, which commenced on 10 June 2025, changed this. Companion animals now have their own set of considerations under the property settlement framework, and the court can make specific orders about ownership, transfer or sale.

What the Law Now Requires

When a separating couple disputes who keeps a companion animal, the FCFCOA must consider:

• Any history of actual or threatened violence toward the animal. If one party has harmed or threatened to harm the pet — including using the pet as leverage in coercive control — the court takes this seriously as both an animal welfare issue and an indicator of broader family violence patterns.
• The emotional attachment of the children to the animal. If the children have a strong bond with the pet, that attachment is a relevant consideration, but it does not create a presumption that the animal stays with the parent who has primary care of the children.
• The emotional attachment of each party to the animal. Who adopted the pet, who named it, who spent the most time with it day-to-day.
• Each party's practical capacity to care for the animal. This includes housing (rental properties often prohibit pets), work schedules, yard space, financial ability to cover veterinary costs, and proximity to the animal's existing routines.

These factors are assessed within the broader property settlement — the pet provision does not create a standalone "pet custody order" in the way parenting orders work for children. But it does mean that the old approach of simply checking the microchip registration is no longer sufficient.

How Pet Custody Works in Practice

In most separations, pet arrangements are decided by agreement rather than court orders. Parents may record an agreed pet arrangement alongside a parenting plan. If a court order about the pet is needed, address ownership in the property or consent-order process; the statutory pet provision does not create a parenting-style residence or rotating-time order.

Common arrangements include:

• Pet stays with the primary carer of the children. Some families choose this where it keeps the child's relationship with the animal stable.
• Pet stays in one household permanently. Simpler logistically, and avoids the stress of moving the animal between homes.
• Pet rotates with the children. Some families agree for the pet to travel with the children during changeovers. This can work for dogs who are bonded to the children, but can be stressful for cats and other animals that are territorial.

If you are seeking consent orders about a pet, the property orders should address ownership — for example, that one party is to have ownership — rather than treating the clause as a parenting order about where the pet resides. The statutory pet provision permits ownership to be allocated to one party, transfer to a consenting person, or sale. For an agreed rotating arrangement, record the exact changeover logistics separately to avoid future disputes.

What This Means for Your Parenting Plan

If your family has a companion animal and you are drafting a parenting plan or consent orders, address the pet arrangement explicitly. Leaving it unresolved is a common source of post-separation conflict — particularly when children are upset about being separated from a pet they consider part of the family.

The NSW Custody & Parenting Plan Guide includes a clause library covering pet arrangements alongside care schedules, holiday rotations, and changeover protocols — all calibrated to the June 2025 reforms.

See more New South Wales guides →