Pet Custody in Australia
When a relationship ends, figuring out who keeps the family pet can be one of the most emotional parts of separation. For many people in south Brisbane, the dog, cat, or other companion animal feels like part of the family, not just “property.”
However, under Australian family law, pets are generally treated as property, similar to furniture, vehicles, or other assets. This means disputes about who keeps the pet are dealt with as part of your property settlement, not as a parenting or custody issue.
Understanding how the law works in Queensland, and how courts in Brisbane approach pet disputes, can help you make more informed decisions and protect both your interests and your pet’s wellbeing.
Key takeaway: In south Brisbane and across Australia, pets are legally treated as property, so disagreements over who keeps them are usually resolved within the property settlement process, not as a formal custody case.
How the Law Treats Pets in Australia and Queensland
Under the Family Law Act 1975 (Cth), pets are classified as personal property. This applies whether you live in the Brisbane CBD, the southside, or anywhere else in Australia.
When you separate, your pet may be listed among the assets to be divided, along with:
- Real estate
- Vehicles
- Savings and investments
- Superannuation
- Household contents
Unlike parenting matters, the court does not apply the “best interests of the child” test to pets. Instead, it will look at practical factors such as:
- Who purchased or adopted the pet
- Whose name is on the microchip or council registration
- Who has been the primary carer (feeding, walking, vet visits, grooming)
- Who has suitable housing and the time and finances to care for the animal
If you and your former partner cannot agree, the Federal Circuit and Family Court of Australia (FCFCOA) can decide who retains the pet as part of your financial and property orders.
Key takeaway: Courts in Brisbane treat pets as property and focus on practical ownership and care evidence, rather than emotional attachment alone.
Can You Make Your Own Pet Agreement After Separation?
In many south Brisbane families, the most practical approach is to work out your own arrangement rather than fighting over the pet in court. You and your former partner can:
- Decide that one of you will keep the pet permanently, or
- Agree to some form of shared care or time-sharing
Although these arrangements are usually not legally enforceable like parenting orders, putting them in writing can reduce misunderstandings later. Your written agreement might include:
- Where the pet will primarily live
- Whether the other person can have visits or weekends with the pet
- How you will split ongoing costs such as food, grooming, insurance, and vet bills
- What happens if one of you moves interstate or changes rental or housing arrangements
Even if the agreement is informal, it provides structure and can help avoid arguments.
Key takeaway: A written pet agreement gives clarity and flexibility, even if it is not strictly enforceable in the same way as court orders.
When You Cannot Agree: Mediation and Court Options
If discussions are going nowhere and emotions are running high, you can try mediation or Family Dispute Resolution (FDR) before considering court.
In and around south Brisbane, services such as Relationships Australia Queensland, Centacare, and other FDR providers can:
- Help you both talk through the issues
- Explore options that suit your lifestyle and your pet
- Support you to reach a compromise without a court hearing
If that still does not resolve things, the pet dispute may be dealt with as part of your property settlement in the FCFCOA. Going to court over a pet is often expensive and stressful, and the outcome may not line up with your emotional expectations, because the court will treat the matter as a property issue.
Key takeaway: Mediation is usually a better first step than litigation. Court should be a last resort because pets are treated as property, not as children.
Are Pet Custody Laws in Australia Changing?
Across Australia, there is growing public interest in treating pets more like family members in the legal system. Some overseas countries have already changed their laws to reflect the emotional bond between people and animals.
In Australia, including Queensland, there is increasing awareness of animal welfare considerations. Some judges may show sensitivity to:
- The pet’s bond with children in the family
- The practical impact of separating a child from a much-loved dog or cat
That said, there has not yet been a broad legal shift that reclassifies pets as something other than property in family law. Courts still rely mainly on traditional property principles when making decisions.
Key takeaway: Community attitudes are evolving, but for now, pets in Brisbane are still treated as property in the eyes of the law, even if judges are increasingly aware of their importance to families.
How to Strengthen Your Claim to Keep a Pet
If keeping your pet is important to you after separation, good documentation can make a real difference. You can strengthen your position by:
- Keeping purchase or adoption receipts in your name
- Making sure your name is on the microchip registration and with Brisbane City Council or your local council
- Putting vet accounts or pet insurance in your name
- Saving records or messages that show you have been the primary carer
- Updating the registration if you move to a new address in south Brisbane or beyond
If a dispute arises, this kind of evidence makes it easier for your lawyer to argue that you are the person who has taken responsibility for the pet.
