What Happens to the Pets in a Family Law Dispute

In this video, our Dakota Hallett discusses what happens to the pets in a Family Law Dispute.

Hello, my name is Dakota Hallett and I'm a family law solicitor here at OMB Solicitors. 

Today I'm just going to chat with you about what happens to the pets in a family law dispute. So more often than not, pets are considered an integral part of the family that bring a lot of joy and happiness, to everyone around. So it's not unsurprising that pets are often considered something that both parties want to retain when you separate. 

The Family Law Act doesn't specifically deal with pets or their living arrangements like they do with children, so pets are instead considered as property similar to that of a motor vehicle or other item of property, which is often something that's difficult for people to grapple with.

The court can, however, determine the ownership of a pet and change the ownership of a pet on a final basis, which is often really helpful if there is a dispute regarding who gets to retain the pet.

For the interim period, if there is a dispute regarding the pet, normally what happens is whoever's name the pet is registered in is the one who gets to retain the pet. So the things that the court will consider in deciding that issue on who gets to retain the pet on a final basis are things such as who paid for the pet originally, who was the pet's primary caregiver, including who took the pet walks and bathed it and fed it, and other things that the court will consider as well are who is able or has the capacity to be able to maintain that pet's needs moving forward, including who has a house that's able to have a pet living there.

So if you've got any questions at all in relation to parenting, property or pets, please don't hesitate to contact me at OMB Solicitors.

For more information regarding family law mediation and how our family lawyers Gold Coast team can help you, contact OMB Solicitors today.