Oasis Magazine - Cairns & Tropical North Queensland Issue 22 - Feb|Mar 2018 | Page 69

Who gets the FAMILY PETS? LAW TAMLYN LEAHY Family Lawyer Families are usually very attached to their pets and consider them to be a member of the family, so in the case of family separation, who gets the family pet? The issue of pet custody is not often a dispute heard before the Courts, however legal precedent has been established even so with a number of cases. Under Australian Family Law, pets are considered “chattels”. Case law has established that the Courts treat pets as property, and capable of being included in the p roperty pool and up for division between the parties. Pets are treated in the same manner as say furniture, motor vehicles and tools and equipment and the Courts have the requisite power to make orders with respect to property including who will have possession of a pet. When it is unable to be decided amongst the parties, the matter of who gets the family pets is determined by considering the relationship the parties have to the pets. For example, who primarily cared for the pet, who paid for the vet care, who has the ability to house the pet. In instances such as the pet being a horse, there could be a significant expense associated with stabling the horse. Does the pet have an attachment to a particular spouse or the children of the relationship? If the children are to live with one parent for the majority of the time, then it may be that the pet remains with that spouse, in order to maintain a sense of stability for the children. Separation is a difficult time for families and particularly children, and taking the family pet away from a child could be even more disruptive. There has been a push overseas recently, particularly driven by animal rights activists, for the “best interests” of pets to be considered by the Court. A new law in Alaska in 2017 requires the Court to take a pet’s wellbeing into consideration. Australian experts predict Australia is a long way off from introducing similar laws. It can be a very emotive issue as to who will get the family pet at separation. Perhaps one party will feel very strongly about the issue and it may be a foregone conclusion as to who will be the best pet parent in the circumstances. Ultimately the Court encourages separating spouses to mediate issues between them and to reach an agreement and that includes the pets. When family relationships get complicated evidence shows quite clearly the benefits of having a pet on our mental health. Pets bring us joy and comfort and time out with your favourite four-legged pal is a remedy in itself! Issue 22 | 73