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PETS TO BE RECOGNISED AS FAMILY IN LANDMARK LEGAL SHAKE-UP


Dog and black cat lounging together on a grey sofa by a window. The cat stretches playfully; the dog looks calmly at the camera. Cozy mood.
Photo by Madalyn Cox on Unsplash

Pets will soon be more than just property in the eyes of Australian law, with sweeping new reforms coming into effect this June that acknowledge their emotional significance in family breakdowns.


For the first time, companion animals will be considered in legal disputes, with courts able to weigh up factors such as a person's attachment to the pet, any history of animal abuse, and who the primary caregiver has been.


While joint custody of pets won’t be permitted, the changes mark a major cultural and legal shift.


“These changes mark a significant step toward a more just and compassionate family law system, ensuring that the welfare of pets is properly considered and that separating couples receive fair outcomes when it comes to their beloved animals,” says family law expert Angela Tondelstrand, Director at Catton and Tondelstrand Family Lawyers.


The reforms also aim to prevent the use of pets as a form of coercion or control in abusive relationships by empowering courts to protect animals from being placed in harmful situations.


Tondelstrand is urging separating couples to take note of the new rules, which apply to all future and ongoing matters unless a final hearing has already begun.


“Couples in the process of, or considering separation, need to keep this in mind as the new rules will apply to all new and ongoing cases, except those where a final hearing has already started,” she says.


The legal update reflects growing public sentiment that pets are part of the family—not just possessions—and brings Australia’s family law framework more in line with modern views on animal welfare.

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