A pet-ty crime: Navigating pet custody in a separation
3 mins reading time
A number of statistics have indicated that many millennials are delaying, or debating having children altogether, in lieu of ‘parenting’ a pet. As a result, the question of who to keep the pet in a partner separation has never been more prevalent. So, will the law’s stance on pet custody in partner disputes change with the times?
Pets currently considered property
In 2022, the Full Court of the Federal Circuit and Family Court of Australia (the Court) affirmed that dogs are, sadly, chattels and are to be treated as such when determining property settlements. The Full Court said:
“As much as it will pain pet lovers, animals are property and are to be treated as such. Questions of attachment are not relevant and the Court is not, in effect, to undertake a parenting case in respect to them.”
What happens to a pet during separation?
The finding from the Court means that where there is a dispute about who keeps the family pet after separation, the Court will first look at who is the legal owner, usually this is the registered owner or the person listed as the owner with the local Council. As a result, prospective joint pet owners should be aware that should a partnership dissolve, the registration of the pet will be a significant factor in determining who gets to keep the furry friend. While no one wants to think about separation, understanding the gravity of joint administrative decisions may result in fewer disputes later down the track. The Court will also look at who cared for the pet during the relationship.
If a party is not the registered owner but wishes to keep the animal, they could provide evidence that they purchased it and paid to maintain it (e.g. vet bills and food) their care and involvement with the pet during the relationship and after separation.
Ultimately, if a dispute remains, the Court may simply ask each party to place a price on their beloved pet and the highest bidder wins.
The Federal Circuit and Family Court does however have the ability to alter the interests of ‘property’ under the Family Law Act 1975 in section 79 for married parties and section 90SM for defacto couples, and change the ownership from the current owner to the other party.
Pet custody: The modern conundrum
But with Millennials opting to have children later in life, or not at all, and more Australians owning pets, will the issue of pet custody or “parenting” arrangements for pets be entertained by the Court in the future?
The 2021 Census demonstrated that the most common living arrangement for Millennials (aged 25-39 years old) was living in a couple household with no children (35.7%). This was almost twice the rate of Generation X when they were the same age in 2006 (18.1%) and more than twice the rate of Baby Boomers in 1991 (14.6%).
Conversely, Millennials are almost 2.5 times less likely to live as a couple with children (21.2%) when compared with Baby Boomers in 1991 (51.5%).
Are pets the new children?
In 2022, Animal Medicines Australia (AMA) found that between 2020 to 2022 pet ownership reached new heights in Australia, with 69% of all Australian households owning a pet, and of their sample size, 80% of pet owners were Millennials.
The AMA also found that 50% of pet owners talk to their pets regularly as if they understand the words, 43% allow them to sleep in or on their bed, 31% give their pets gifts for special occasions and 31% referred to themselves as pet parents.
The AMA reported that “Many pet owners have adopted ‘pet parenting’ behaviors that mimic traditional parent-child relationships”.
The Law is notoriously slow to adapt when it comes to keeping up with changes in society but the above trends in conjunction with the rising cost of living may see more ‘pet children’ in the future. In light of the current climate, the Family Law industry may very well see a generation of fur parents advocating for rights to spend time with their pets post-separation. Whether the push for the Court to consider the importance of pets in the family unit, instead of mere property is yet to be seen.
Stay tuned – sincerely, a fellow Millennial fur-parent.
If you need assistance navigating your separation with your pets in mind, or you wish to capture your agreement as to what should happen with your property and your pets in the event of separation, Macpherson Kelley’s Family Law team can assist.
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A pet-ty crime: Navigating pet custody in a separation
A number of statistics have indicated that many millennials are delaying, or debating having children altogether, in lieu of ‘parenting’ a pet. As a result, the question of who to keep the pet in a partner separation has never been more prevalent. So, will the law’s stance on pet custody in partner disputes change with the times?
Pets currently considered property
In 2022, the Full Court of the Federal Circuit and Family Court of Australia (the Court) affirmed that dogs are, sadly, chattels and are to be treated as such when determining property settlements. The Full Court said:
“As much as it will pain pet lovers, animals are property and are to be treated as such. Questions of attachment are not relevant and the Court is not, in effect, to undertake a parenting case in respect to them.”
What happens to a pet during separation?
The finding from the Court means that where there is a dispute about who keeps the family pet after separation, the Court will first look at who is the legal owner, usually this is the registered owner or the person listed as the owner with the local Council. As a result, prospective joint pet owners should be aware that should a partnership dissolve, the registration of the pet will be a significant factor in determining who gets to keep the furry friend. While no one wants to think about separation, understanding the gravity of joint administrative decisions may result in fewer disputes later down the track. The Court will also look at who cared for the pet during the relationship.
If a party is not the registered owner but wishes to keep the animal, they could provide evidence that they purchased it and paid to maintain it (e.g. vet bills and food) their care and involvement with the pet during the relationship and after separation.
Ultimately, if a dispute remains, the Court may simply ask each party to place a price on their beloved pet and the highest bidder wins.
The Federal Circuit and Family Court does however have the ability to alter the interests of ‘property’ under the Family Law Act 1975 in section 79 for married parties and section 90SM for defacto couples, and change the ownership from the current owner to the other party.
Pet custody: The modern conundrum
But with Millennials opting to have children later in life, or not at all, and more Australians owning pets, will the issue of pet custody or “parenting” arrangements for pets be entertained by the Court in the future?
The 2021 Census demonstrated that the most common living arrangement for Millennials (aged 25-39 years old) was living in a couple household with no children (35.7%). This was almost twice the rate of Generation X when they were the same age in 2006 (18.1%) and more than twice the rate of Baby Boomers in 1991 (14.6%).
Conversely, Millennials are almost 2.5 times less likely to live as a couple with children (21.2%) when compared with Baby Boomers in 1991 (51.5%).
Are pets the new children?
In 2022, Animal Medicines Australia (AMA) found that between 2020 to 2022 pet ownership reached new heights in Australia, with 69% of all Australian households owning a pet, and of their sample size, 80% of pet owners were Millennials.
The AMA also found that 50% of pet owners talk to their pets regularly as if they understand the words, 43% allow them to sleep in or on their bed, 31% give their pets gifts for special occasions and 31% referred to themselves as pet parents.
The AMA reported that “Many pet owners have adopted ‘pet parenting’ behaviors that mimic traditional parent-child relationships”.
The Law is notoriously slow to adapt when it comes to keeping up with changes in society but the above trends in conjunction with the rising cost of living may see more ‘pet children’ in the future. In light of the current climate, the Family Law industry may very well see a generation of fur parents advocating for rights to spend time with their pets post-separation. Whether the push for the Court to consider the importance of pets in the family unit, instead of mere property is yet to be seen.
Stay tuned – sincerely, a fellow Millennial fur-parent.
If you need assistance navigating your separation with your pets in mind, or you wish to capture your agreement as to what should happen with your property and your pets in the event of separation, Macpherson Kelley’s Family Law team can assist.