Pets are now legally part of your family

Recent changes to the Family Law Act have made significant progress in the protection of pets when it comes to relationship breakdowns & family violence.

Changes to the Family Law Act 1975 means animals are now considered as more than just property, but as a critical part of the family.

What does the law say?

Previously, pets were treated as property by the court, with questions such as ‘who paid for the pet'?’ & ‘who paid for expenses?’ the main considerations when determining who would get to keep pets in a separation.

Now, when a marriage or de facto relationship breaks down & the court has to determine who gets to keep the pets, the court will consider:

• 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?

Additionally, the updated definition of family violence now explicitly includes:

“Conduct that causes a child or another person to be exposed to the intentional harm, or threat of harm, of an animal.”

Why does this matter?

At Sally Callander Law, we know that pets are part of the family, particularly in regional communities, where animals may also play a role in work and daily life.

Until now, the Family Law Act did not specifically acknowledge harm to animals as a factor in family violence. But research has consistently shown that perpetrators may target animals to exert control, instil fear, or manipulate outcomes — for example, threatening to kill a family pet unless the victim

This reform is also a direct response to growing awareness that animals are often caught in the crossfire of family violence. Research suggests up to 15% of all animal cruelty cases involve domestic violence offending. Pets can be threatened, injured or used as tools of coercive control, which can often prevent a victim from leaving or punish them if they do.

These new provisions change that. The Court is now obliged to consider harm or threats of harm to animals when determining whether family violence has occurred. This can influence how parenting orders are structured, including arrangements for care, contact, and safety planning.

How this can protect families — and their animals

In matters involving family violence, the Court may now:

• Consider animal welfare as part of overall safety risks

• Make parenting orders that ensure pets are not placed with an abusive party

• Factor threats to pets into risk assessments and evidence gathering

• Help remove one of the major barriers to leaving abusive relationships

This is especially important for victim-survivors who have delayed leaving due to fears for their animals.

What you need to know

Need further advice and information on the changes?

Contact our team today.