27/08/2021
WHEN IT COMES TIME TO GO YOUR SEPARATE WAYS, HOW DOES THE COURT DECIDE WHO GETS THE DOG?
By Sherri Gullickson, Solicitor at Middleton Turner Lawyers Brisbane.
Pets are becoming more integral to the family way of life, especially now due to Covid and the increased amounts of isolation and unpredictability. So are they treated like children in parenting disputes or are they assets or property?
Unfortunately, our fur babies are still seen as property in the eyes of the Family Law Act 1975 (the Act). The Act does not mention pets, but the courts do have the power to alter property interests of parties in family law disputes and do have the jurisdiction to make orders in relation to pets. Your pets generally do not have any value attributed to them by the Court unless that animal is capable of producing an income or has a re-sale value (for example purebred animals kept for breeding purposes, show dogs or racehorses etc).
But as community expectations change, the Courts are starting to see our fluffy friends as more than just something we throw a bone to or use to make money. In a case known as Downey v Beale, Judge Harman said:
“…one would hope, in this neoliberal world that we have not yet come to the point where even love and affection are commoditised.”
In matters where there are no children there are a few factors the Court will look at when deciding:
Who purchased the pet?
Who cared for the pet during the relationship and post separation?
Who has suitable accommodation for the pet? And
Who has paid and has the means to pay for the pet’s expenses (food, insurance and medical costs)?
So, if you separate from your partner and move into a small unit with a tiny balcony with a large dog and your partner who bought the animal for a lot of money and owns a farm, there is a good chance the Court will rule in favour of the animal living on the farm.
To ensure your pet is protected and everyone is on the same page at the time of the separation, make an appointment today with Middleton Turner Lawyers. Check out our website at www.middletonlawyers.com.au.
