Who Gets the Dog? New Pet Ownership Laws in Melbourne Family Law

As Melbourne family lawyers, we understand that pets are cherished members of many families. With the introduction of new family law reforms effective June 2025, the way courts determine pet ownership after separation has changed significantly. Here’s what Melbourne families need to know about the updated laws and how they could impact your beloved companion animals.

Understanding the New Classification of Pets

Pets Are Now “Companion Animals” in Victorian Family Law

Under the new framework, pets are legally recognised as “companion animals,” not just property. This shift means that Melbourne family courts will now consider the emotional and practical aspects of pet ownership. It reflects the real value pets hold in our lives and underscores their significance in family settings.

The Impact of the Changes on Family Dynamics

This change is essential for families across Melbourne. It not only safeguards the welfare of the animals but also takes into account the emotional bonds families share with their pets. The reforms may alter how families approach disputes over pet custody, creating an environment where emotions and relationships are understood more deeply.

How Will Melbourne Courts Decide Pet Ownership?

If separating couples in Melbourne can’t agree on who keeps the pet, the court can consider various options:

• Award sole ownership to one party.

• Order that the pet be given to a third party.

• Direct that the pet be sold.

  
  

Shared custody or joint ownership is not permitted under the new law. This makes it crucial for couples to communicate openly about their pets during the separation process.

Key Factors Considered by Melbourne Family Courts

When deciding who gets custody of the pet, courts will analyze several key factors:

• How and when the pet was acquired (who bought or received the pet, was it a gift?).

• Who currently has the pet and provides daily care.

• Who has covered the expenses related to the pet (food, vet bills, grooming, etc.).

• The emotional attachment between the pet and either party or children.

• Each party’s ability to care for the pet in the future.

• Any history of family violence, cruelty, or abuse involving the pet or parties.

• Any other relevant circumstances.

  
  

These factors guide the courts in making informed and fair decisions regarding pet ownership in separation cases.

Why This Matters for Melbourne Families

This new approach aims to ensure fair, compassionate outcomes for families and pets, especially in cases involving family violence or strong emotional bonds. It provides clearer guidance for separating couples who might struggle to reach consensus about their pets. This clarity is crucial as it assists families in navigating the emotional complexities during such times.

Preparing for the Transition

For families transitioning to these new laws, preparation can be beneficial:

• Document Ownership: Keep records of purchases, vet visits, and care routines.

• Open Communication: Engage in discussions regarding pet care responsibilities.

• Seek Mediation: If disagreements arise, consider involving a mediator to facilitate constructive conversations.

  
  

Legal Assistance with Pet Ownership

It's important to have legal representation when navigating changes in family law. A qualified lawyer can help you understand your rights and obligations regarding pet ownership. If you're facing uncertainties during a separation, consult with experts to clarify your position and protect the welfare of your companion animals.

Common Search Questions We Answer

• Who gets the dog in a Melbourne divorce?

• How do Melbourne courts decide pet custody?

• What are my rights to my pet after separation in Victoria?

• Can I keep my pet after separation in Melbourne?

• Family law changes for pets in Victoria 2025

  
  

Need Family Law Advice in Melbourne?

This article provides general information only and does not constitute legal advice. For advice specific to your situation, please contact our Melbourne family law firm. Our experienced family lawyers can guide you through the new pet ownership laws and help protect your interests and those of your companion animals during separation.

Contact us today to discuss your family law matter with a Melbourne family lawyer. You can email us directly at enquiry@charbellawyers.com.au or ring us on 044 77 88 933. Alternatively, you can easily book directly online https://www.charbellawyers.com.au/booking.