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.

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.