Pet Custody and Consideration of Pets in Family Court Proceedings - Havilah Legal

1. Pet Custody and Consideration of Pets in Family Court Proceedings Presented by Perth’s experienced Family Lawyers - Havilah Legal

2. When a couple separate, whether they have been married or in a de facto relationship, they usually need to resolve how to divide their assets, including personal property, assets, liabilities, and yes, pets. Dividing Assets in a Separation

3. According to the Family Law Act 1975, pets are actually considered personal property, and dealt with as such. Who keeps the pet, what its value is decided to be, and other considerations are approached as they are with personal property. • Despite this categorisation, there are specifics to the way pets are dealt with that are worth knowing when considering how to approach the matter in a separation. Dividing Assets in a Separation

4. Unless the pet is a purebred animal or a show champion, the intrinsic value of a family pet is likely to be low in dollar terms even though its value to the individuals involved could be beyond price. How are Pets Valued?

5. Courts are reluctant to get involved in lengthy arguments about custody and ownership of pets, so invariably it would always be in the best interests of the parties if they can agree who is to retain any family pets. • However in the absence of such agreement, the Court will deal with the matter in the same way as it would deal with the allocation of any other property owned by the separating couple who are parties to the dispute. • Accordingly, issues as to who purchased the pet, whose name it is registered in or who provides day to day care for the animal will be taken into account. How is Pet Custody Decided?

6. Also relevant would be evidence with respect to who has a connection with the pet and the impact if it is given to the other party. • The Court may also consider which party has the best facilities for future care of the pet. • Adequate space would clearly be an issue if the pet, is for instance a large dog. • The ability to pay for stabling could be an issue if the animal is a horse or a pony. How is Pet Custody Decided?

7. The Family Court can indeed make orders for parties to in effect share the pet. These are unlikely to be made, however, unless the orders are agreed to by both parties. • There have been cases dealing with care of the children (not directly dealing with custody of a pet), where the Court has ordered that the family pet travel with a child between houses of separating parents when the non-custodial parent has access, in order to assist the child in dealing with the regular move between households. Is It Possible to Share Custody of a Pet?

8. If custody or care of any children to the relationship is under consideration, the Family Court is obliged to consider their “best interests” as the paramount consideration. • An argument can be made in appropriate circumstances that it may be in the best interests of the children for care of the family pet to be given to the parent with whom the children will live most of the time if it can be shown that doing so will assist their transition at what is likely to be a very traumatic time for them following the breakdown of their parent’s relationship. When Children Are Involved, So Are Their Best Interests

9. Disputes between separating couples over ownership, care and custody of pets are becoming more common. • It is likely that the Courts will set out additional principles in future cases as to how such matters are to be handled. The Future of Pets in Court

10. Want to Find Out More? For more information visit federalcircuitcourt.gov.au or contact our experienced Perth divorce lawyers today. Presented by Perth’s experienced Family Lawyers - Havilah Legal