The Federal Circuit and Family Court of Australia now looks at the issue of domestic violence and pets.
The Family Court can now address domestic violence where pets are involved and make orders about where a pet lives. This is part of the major changes to family law in Australia, effective from 10 June this year.
The court can now take any abuse of the family pet into account. Importantly, the Family Court can also make decisions about where the pet goes after separation.
Why This Is Important for Families
Pets are very important to Australian families. Kids and each parent can form a strong connection to their family pet.
Sadly though, pets can also be mistreated or used as a weapon in situations of domestic violence.
In the past, pets were considered property in the family courts, but this was treated as a secondary issue to parenting and financial matters.
This change reflects that the family courts now recognise the relationship between domestic violence and pets and understand their emotional importance in Australian families.
It’s particularly important where domestic violence has occurred, as victim-survivors often delay leaving a relationship due to fears over what may happen to their pets.
Pets Are Now Considered Companion Animals
The change to pets being defined as a companion animal recognises that they are more than property and in family life, play an important emotional role.
Companion animals are now defined under the changed legislation as animals that are primarily kept for companionship by couple. This is in relation to both de facto couples and married couples. This definition, however, does not include:
- Where an animal is kept for scientific, farming or business purposes.
- It also does not include animals used for assistance such as guide dogs.
What Can the Court Do About Pets?
The court now has the ability to make specific orders regarding pets, including:
- Granting ownership of the pet to one party
- Ordering the sale or transfer of the pet to a third party (with their consent)
The court will consider the following when making decisions about the pet including:
- Who was responsible for caring for the pet and who initially acquired the pet;
- The emotional attachment between the child of the relationship or a party of the proceedings and the pet.
- Whether there is a history of animal cruelty or family violence and if the perpetrator has harmed or threatened to harm the pets as a form of control over the victim/survivor.
- After the parties separated, each of the parties ability to care for the pet.
- Any other relevant circumstances.
Concerned About Your Pet’s Safety?
If you’re worried about your pet’s safety while considering leaving a relationship, it’s essential to seek legal advice. The law now recognises the link between domestic violence and pets, and protection is available.
Jump on our contact page to get in touch, or call us on 07 3350 4417.