What Is a Companion Animal?
If you live in Brisbane and share your life with a dog, cat, or other pet, you might be wondering whether they count as a companion animal in the eyes of the law.
In day-to-day life, a companion animal is more than “just a pet” – they are part of your family, a source of comfort, and often a huge support during stressful times like separation or moving home.
Key takeaway: A companion animal is an animal you keep primarily for company and emotional support, not for work, farming, or business purposes.
Companion Animals vs Assistance Animals
It helps to understand the difference between a companion animal and an assistance animal, because they are treated very differently under Australian law.
A companion animal is any animal you keep mainly for companionship. Common examples include:
- Dogs and cats
- Rabbits and guinea pigs
- Birds and other small pets
They live with you in your Brisbane home, are part of your daily routine, and provide emotional support and connection.
An assistance animal, on the other hand, is formally trained to perform tasks for a person with a disability – for example:
- Guide dogs for people with low vision
- Hearing dogs
- Medical alert dogs (for epilepsy or diabetes)
Assistance animals are recognised under anti-discrimination laws and usually have legal rights to access public places and housing that ordinary pets and companion animals do not.
Key takeaway: Your dog or cat is probably a companion animal, but only specially trained animals that assist a person with disability are treated as assistance animals with special access rights.
Companion Animals and Family Law in Brisbane
Recent changes to Australian family law now acknowledge the role of companion animals when couples separate. This applies in Brisbane through the Federal Circuit and Family Court of Australia.
If you and your partner split up and you cannot agree on who keeps the pet, the court can now make specific orders about your companion animal, instead of treating them purely as a piece of property.
To be treated as a companion animal, the animal must be kept mainly for companionship. It should not be:
- Part of a business (for example, breeding or grooming),
- Used primarily for farming or agricultural work, or
- Kept for scientific or research purposes.
For example, your family dog in a Brisbane suburban home is likely to be a companion animal. A working cattle dog on a rural property will not usually be treated in the same way, even if you love them dearly.
When deciding who should keep the animal, the court may consider:
- Whether there is any history of threats or abuse involving the animal
- Which family member or child is most attached to the animal
- Who is realistically able to care for the animal day to day, including housing, time, and finances
The court does not do “pet custody” with shared, rotating time in the same way it does with children. Orders usually give ownership and responsibility to one person or transfer ownership from one partner to the other.
Key takeaway: In a Brisbane separation, the court can now decide who keeps a companion animal, focusing on safety, attachment, and who can provide proper care.
The Legal Status of Companion Animals
Even though most of us see them as family, companion animals are still treated as property under most Australian laws. That means they can be dealt with in disputes in a similar way to other belongings, unless there are specific provisions – like the recent family law changes – that say otherwise.
At the same time, animal welfare organisations point out ongoing issues such as:
- Neglect and abandonment of pets
- Overcrowded shelters and high euthanasia rates
- Puppy farms and backyard breeding
- A lack of proper identification and desexing
When you choose to bring a companion animal into your Brisbane home, you are taking on a long-term commitment to their welfare – vet care, food, safe housing, and time and attention.
Key takeaway: The law still treats companion animals as property, but taking one on carries serious ethical and practical responsibilities that go well beyond ownership.
Supporting Your Companion Animal During Legal or Life Changes
If you are going through a separation, relocation, or other major change, it is worth thinking ahead about your pet’s future, not just your own.
Some practical steps include:
Planning where your pet will live – checking rental pet policies or body corporate rules if you are moving within Brisbane
Budgeting for ongoing care – food, vet bills, registration, and insurance if you have it
Keeping records – vet bills, registration papers, microchip details, and invoices in your name can help show that you have been the primary carer
If you are separating, try to negotiate an agreement about who keeps the animal before asking the court to decide. This can reduce stress for everyone involved – including your pet.
Key takeaway: Thinking ahead about housing, costs, and care – and keeping good records – can make it easier to protect your companion animal’s wellbeing during legal or personal changes.
Whether it is a dog greeting you at the door in your Brisbane unit or a cat sharing the couch while you unwind, a companion animal can be a steady source of comfort and joy. Understanding what a companion animal is and how the law sees them can help you make better decisions if you face a separation, move, or other major change.
As Australian family law slowly catches up with the reality that pets are more than just property, it becomes even more important to treat them with the care and respect they deserve.
