Google AI

Weekend Times


The Times

Business News

Family law changes will better protect domestic violence victims – and their pets

  • Written by: Meri Oakwood, Lecturer in Law, Southern Cross University
Family law changes will better protect domestic violence victims – and their pets

Welcome changes to family law[1] come into effect this week to better support victims of domestic violence in property settlements.

Importantly, the Family Law Amendment Bill 2024[2] will provide a new framework for determining ownership of the family pet in divorce and separation proceedings. Pets will no longer be recognised merely as property, but as “companion animals[3]”.

Family law courts must now consider animal abuse, including threats to harm pets, when deciding which partner is awarded ownership.

Research suggests up to 15%[4] of all animal cruelty cases involve domestic violence offending. Therefore, the new laws will provide some relief to partners whose beloved pets have suffered abuse.

Part of the family

Australia has high pet ownership[5], with 69% of households owning an animal companion. Some 48% have dogs and 33% have cats.

For victims of violence, the bond[6] with their pet is very important for emotional support. Because of this attachment, abusers often target animals as one of the ways to control their victims.

A pair of female hands holding a dog's paw
The new laws recognise the strong emotional bond between owners and pets. Ksenia Raykova/Shutterstock[7]

Disturbing research[8] has found animals living in violent households may be kicked, punched, held by their ears, thrown and poisoned. Injuries are common. Pets can be killed.

When a person experiences family violence in their home, they are often asked “Why don’t you just leave?” The reasons are complicated[9]. Perpetrators of coercive control[10] can make their victims fearful for their own safety and their children’s – and for the safety and wellbeing of their pets.

If victims do leave an abusive relationship, family pets are often left behind[11] because it is too hard to find suitable accommodation. Also, the pet may be registered in the name of the abuser.

Court’s past view of pets

Previously, if a victim asked for ownership of their pet, courts could not consider the animal’s safety or wellbeing.

In Australian family law, pets were viewed as personal property[12], similar to other possessions such as cars, furniture and electronic equipment.

In any dispute[13] about pets, courts would consider the following:

  • who paid for it?
  • was it a gift?
  • whose name is on the ownership documents?
  • who has possession?
  • who paid the expenses?

In deciding custody, courts were not thinking about where the pet would be out of harm’s way. Instead the focus was on who had the superior right to title[14], a common question in personal property law.

The safety and survival of a dog or cat was irrelevant in decision-making.

Hope on the horizon

Many Australians do not view pets as just another item of personal property. They see them as treasured family members who should be protected.

The amended Family Law Act redefines pets as companion animals, rather than as mere property. The shift recognises the deep emotional attachments between pets and their owners.

Any species of animal owned by a couple as a companion will be covered under the new sections of the Act. However, disputes in family law are more commonly about dogs.

When a marriage or de facto relationship breaks down, the court will consider any past cruelty towards a pet when deciding future ownership.

Matters for consideration will include:

  • was there family violence?
  • was there animal abuse, actual or threatened?
  • who has ownership or possession of the animal?
  • is there any attachment by an adult or child to the animal?
  • how much did each person in the household care for the animal?

Courts will only be able to assign ownership to one party. There will be no joint custody to prevent ongoing disputes over the ownership of the pet.

Two people walking a dog in the distance
Under the new laws, custody of a pet will not be awarded to an abuser. Nejec Vesel/Shutterstock[15]

If an abused partner is confident they would be allowed to keep their companion animal if they leave a violent relationship, there is a greater chance they will seek safety.

If a victim has fled to accommodation where they cannot keep their pet, the new laws will allow for a court order to transfer the animal to another person. A safe person.

The sentience[16] of animals – their ability to feel pain and fear – is still not recognised in Australian family law.

Nevertheless, this week’s changes should lead to large numbers of companion animals gaining protection from future abuse.

Financial abuse may constitute family violence

Other changes[17] to family law also come in to force this week.

Family law courts must consider the economic effects[18] of family violence on the victim when making decisions about property and finances after separation.

Critically, the definition[19] of family violence is being broadened. It will now include economic or financial abuse-related conduct, such as sabotaging the victim’s employment, forcibly controlling their money or forcing them to go into debt.

Not paying child support for a long time might also count. Intentionally damaging a property to reduce its value will also be in the equation.

There will also be greater protections to prevent the misuse of sensitive information that arise from confidential conversations with healthcare professionals, or with specialist support services.

The property changes will apply to all new and existing proceedings, except where a final hearing has already commenced.

These reforms to better protect victim-survivors of family violence and the animals they love, are long overdue.

References

  1. ^ family law (www.fcfcoa.gov.au)
  2. ^ Family Law Amendment Bill 2024 (www.aph.gov.au)
  3. ^ companion animals (aldf.org)
  4. ^ up to 15% (www.sentencingcouncil.vic.gov.au)
  5. ^ pet ownership (animalmedicinesaustralia.org.au)
  6. ^ bond (aifs.gov.au)
  7. ^ Ksenia Raykova/Shutterstock (www.shutterstock.com)
  8. ^ research (lucysproject.com.au)
  9. ^ complicated (theconversation.com)
  10. ^ coercive control (www.aihw.gov.au)
  11. ^ left behind (www.theguardian.com)
  12. ^ personal property (www.austlii.edu.au)
  13. ^ dispute (www.abc.net.au)
  14. ^ right to title (www.austlii.edu.au)
  15. ^ Nejec Vesel/Shutterstock (www.shutterstock.com)
  16. ^ sentience (classic.austlii.edu.au)
  17. ^ changes (www.ag.gov.au)
  18. ^ economic effects (theconversation.com)
  19. ^ definition (www.fcfcoa.gov.au)

Authors: Meri Oakwood, Lecturer in Law, Southern Cross University

Read more https://theconversation.com/family-law-changes-will-better-protect-domestic-violence-victims-and-their-pets-258189

The Weekend Times Magazine

The Importance of Professional Heating and Cooling Installation: A Guide for Homeowners

When it comes to maintaining a comfortable home, the importance of heating and cooling installation cannot be overstated. Whether you're looking to stay warm during cold winters or cool off...

Reliable Air Conditioning Installation for Comfortable Living

When it comes to creating a comfortable indoor environment, having a dependable cooling system is essential—especially during Melbourne’s unpredictable summers. A professional air conditioning installation not only ensures optimal temperature control...

Prime Minister interview with Karl Stefanovic and Alison Langdon, Today

KARL STEFANOVIC: Joining us now from Kirribilli House in Sydney. PM, good morning to you. Thank you for your time.    PRIME MINISTER: G’day Karl.   STEFANOVIC: The Premiers don't seem to be listening...

Tammy Hembrow's Saski Collection re-launches Mesh Collection

The new range from fitness expert Tammy Hembrow’s clothing range Saski Collection has dropped its original Mesh Collection for the second time.   The new luxury athleisure label’s collection, which is worn by the likes of J Lo and available...

Box Mixers launches at home cocktail mixers

Box Mixers has announced its new range of zero alcohol cocktail mixers, made from all natural flavours, crafted to make drinking cocktails at home simple and convenient. Designed to appeal to...

Evaporative Cooling Cleaning Melbourne for Fresh Air and Reliable Cooling

Regular Evaporative Cooling Cleaning Melbourne is essential for maintaining clean air, consistent cooling performance, and the overall reliability of evaporative cooling systems. These systems are widely used across Melbourne due to...

Building a Custom Home on a Narrow Lot in Mandurah: What the Block Size Is Not Telling You

Property listings in Mandurah's established suburbs increasingly include lots that look modest on paper. Widths of 8, 10, or 12 metres. Street frontages that seem to leave little room for...

How to Simplify Your Retirement Planning with SMSF Setup Online

Managing your retirement savings can feel overwhelming, but for many Australians, creating a self-managed super fund (SMSF) offers greater flexibility and control. What’s even more appealing today is the ability...

CHECK.CHECK.CHECK. The new ‘Slip, Slop, Slap,’ for a night out campaign

CHECK.CHECK.CHECK. The new ‘Slip, Slop, Slap,’ for a night out launched by the Night Time Industries Association A new campaign Check. Check. Check. encouraging punters to do their...

hacklink esim new zealandjojobetjojobetmeritkinghacklink panel