When it comes to the Family Court, animals have the same level of rights as an inanimate object like a car or a couch.
When it comes to the Family Court, animals have the same level of rights as an inanimate object like a car or a couch.
In domestic violence cases, companion animals such as cats and dogs can often bear the brunt of the abuse. So, when it comes to legal separation, can a perpetrator of abuse still take legal ownership of the family pet?
Southern Cross Teaching Associate in Law Meri Oakwood specialises in Animal Law and has supported victims of domestic violence in court. She discusses how companion animals can be legally protected from domestic violence:
Companion animals are often harmed, killed or threatened by perpetrators of domestic violence as one of an array of tactics used to control their partners. Often there is a target companion animal that experiences the most abuse, and this animal is likely to be the one that the victim is most attached to, usually a dog.
The literature describes the types of abuse suffered by animals living with domestic violence as including being hit, kicked, poisoned, deliberately driven over, shouted at, starved, and other dire examples. Animals respond to abuse by demonstrating anxiety and distress, vocalising, avoiding the perpetrator, or attempting to protect the victim.
There is, however, hope on the horizon.
The Family Law Amendment Bill 2024 was passed by both Houses on 29 November 2024. This Bill is intended to build upon the landmark 2023 reforms to the Family Law Act 1975 (Cth) by codifying the steps in the court's decision-making framework for property settlements after relationship breakdown of couples. The proposed amendments include recognition of the unique position of family pets in Australian households and provide a definition of companion animals that includes any animal species that is owned by one of the parties primarily for companionship.
However, under the proposed amendments, companion animals would still be treated as property. This means that family law courts would be required to take into account prescribed considerations to determine ownership of the animal in the event of a relationship breakdown. This list includes any family violence in the relationship, any history of actual or threatened cruelty or abuse by a party towards the animal, any attachment by a party or a child to the companion animal, the extent to which each party has cared for the animal, and any other factor which the court believes should be taken into account.
These proposed amendments recognise that family violence is relevant to the ownership of the family pet after relationship breakdown. Although they are not framed in terms of the safety and wellbeing of the animals, potentially thousands of companion animals throughout Australia could gain protection from future abuse.
Many women have reported that they have delayed leaving violent relationships due to concerns for their companion animal's welfare. This barrier to seeking safety would be significantly alleviated if victims could be confident that courts could make orders that allow their beloved pets to be safe after separation.
