Who gets the dog? The legal rights of companion animals in domestic violence cases

There is, however, hope on the horizon. 

The Family Law Amendment Bill 2024 was passed by both Houses on 29 November 2024. 

This law reform intends 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 new 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.

Under the amendments, companion animals would still be treated as property, however, 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. These include whether there was 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.

This is significant law reform as it recognises that family violence is relevant to the ownership of the family pet after a relationship breakdown. Although not framed in terms of the safety and wellbeing of the animals, thousands of companion animals throughout Australia could potentially 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 will be significantly alleviated if victims can be confident that courts can make orders that allow their beloved pets to be safe after separation.

Pictured above: Dogs Ziggy and Rose are victims of domestic violence. Ziggy was able to be kept with the victim-survivor, while Rose was registered to the perpetrator. These dogs have not seen each other again. 

Dr Meri Oakwood is a Teaching Associate in the Faculty of Business, Law and Arts. In addition to Animal Law, Dr Oakwood also coordinates and is a Lecturer in Environmental Law, Property Principles and Criminal Procedure at Southern Cross University.

Her recent research focus is on law reform, working towards abolition of the defence of lawful correction.