Who Gets the Dog? Pets, Property and the Emotional Custody Battle in Divorce

In this episode of Dear Divorce Diaries, family law experts Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor) explore one of the most emotionally charged and increasingly common issues in modern separation: what happens to pets during divorce?

With a special guest appearance from “Buddy” 🐶, the conversation unpacks how Australian family law now treats pets—legally defined as “companion animals”—and what that means for separating couples.

Pets Are Now “Companion Animals” Under the LawThe episode opens with a major legal update:

Under recent changes to the Family Law Act, pets are now formally recognised as companion animalsHowever, they are still legally classified as propertyThis means:No “custody” or “residence” orders in the traditional senseCourts determine ownership and possession, not shared parenting arrangements

Why Pets Matter So Much in SeparationBoth hosts acknowledge the emotional reality:

Pets are often seen as “fur babies”They play a significant emotional role in family structuresAttachment can be strong for:ChildrenPartnersEntire householdsDespite this emotional significance, the law still treats them through a property lens, not a family member lens.

How Courts Decide Who Gets the PetThe hosts break down the key factors courts consider:

Who is the registered ownerWho purchased the animalWho performs daily care:FeedingWalkingGroomingVeterinary careWho has had the primary relationship with the petThe court may also consider:

Financial responsibilityLiving arrangements post-separationPractical ability to care for the animal

Family Violence and PetsA serious and important aspect of the discussion:

Pets can be used as tools in coercive control and emotional abuseCourts recognise that animals may be:Subject to harmUsed to intimidate or manipulate a partner or childrenThis can influence outcomes where safety concerns exist

No “Shared Custody” of Pets (Legally)One of the clearest legal points in the episode: