In determining what care arrangements should be in place for a child after the breakdown of a relationship, the Federal Circuit and Family Court of Australia (‘the Court’) must consider what is in the best interests of the child. But what about the fur babies of the relationship?
The Family Law Act 1975 has resisted the popular terminology of ‘fur babies’, instead adopting the more formal expression ‘companion animal’. A Companion Animal is an animal which is kept by the parties to a marriage or de facto relationship but does not include:
• an assistance animal within the meaning of the Disability Discrimination Act 1992; or
• an animal kept as part of a business; or
• an animal kept for agricultural purposes; or
• an animal kept for use in laboratory tests or experiments.
As of 10 June 2025, the Federal Circuit and Family Court of Australia has the power to make orders (including by consent) as follows:
• That one party to the de facto relationship or marriage is to have ownership of the companion animal; or
• that the companion animal be transferred to another person who has consented to the transfer; or
• that the companion animal be sold.
The Court cannot make orders for a shared care arrangement for the companion animal.
In considering what order (if any) should be made with respect to the ownership of a companion animal, the Court is to take into account the following considerations, so far as they are relevant:
• the circumstances in which the companion animal was acquired;
• who has ownership or possession of the companion animal;
• the extent to which each party cared for, and paid for the maintenance of, the companion animal;
• any family violence to which one party has subjected or exposed the other party;
• any history of actual or threatened cruelty or abuse by a party towards the companion animal;
• any attachment by a party, or a child of the de facto relationship or marriage, to the companion animal;
• the demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party; and
• any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.
The family law process can be tricky, particularly when separation raises the question of who keeps the furbaby. Swan Family Lawyers can provide clear advice about the evidence required to support your position — so you are not left barking up the wrong tree.