Pet Custody in Australian Family Law: What Changed in June 2025

Until June 2025, pets in Australian family law were treated the same as a television or a car — personal property to be divided based on financial contribution and legal ownership. The name on the microchip registration or the purchase receipt determined who kept the dog, regardless of who fed it every morning or who the children considered the family pet.

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 who a pet lives with.

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, the court may order that the animal stays with whichever parent has primary care of the children, to minimise disruption.
• 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 include a clause in their parenting plan or consent orders specifying which household the pet resides in, and whether the pet travels with the children during changeovers.

Common arrangements include:

• Pet stays with the primary carer of the children. The most common approach, and the one courts tend to favour when children are involved.
• 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 have the pet travel with the children during custody changeovers. This works well for dogs who are bonded to the children, but can be stressful for cats and other animals that are territorial.

If you are drafting consent orders that include a pet clause, the registrar will accept a straightforward order such as: "The dog [Name], microchip number [X], shall reside with the Mother. The Father shall have no further claim to the animal." For rotating arrangements, specify the exact changeover logistics 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 →