In a recent court case, a couple separated after 7 years, in which they cared for French bulldog, Junior and British bulldog, Winnie. Kate and her former partner adopted Winnie during their relationship while Junior was Kate’s former partner's dog, before they began dating. Kate was afraid that the dog would go to her former partner after the bond she built with him over the course of 7 years. What built up her fear was the issue that both dogs were registered under his name. If they had gone to court, he would have gotten custody.
On Nine News, Kate states, "They were our kids, we didn't have human kids," as well as "I live for them... They are literally my everything." emphasising the immense need she had for them. Fortunately, Kate’s situation was lucky and rare, "Ultimately, he just said, 'Look, I just want you to have them'. And he bought himself a new dog, and they just stayed with me," she said.
In most cases, pets are not recognised under family law proceedings and are considered property. Therefore, the individual under whoever’s name the property is registered under gets custody.
Now, under a national amendment to the Family Law Act coming into effect on June 11, courts will take into consideration the emotional bonds and welfare of a companion animal when deciding who gets custody after a breakup. Meaning, the pet no longer is handed to whoever it is registered under.
Smith states that she has noticed pets becoming an angering factor in separation proceedings and are often used as a pawn, thrown from one place to the other. She recounts an instance where a client of hers struggled to find accommodation for her two dogs and concluded to leave them with her estranged husband.
In one instance, a client of hers struggled to find alternative accommodation with her two Burmese mountain dogs, so she stayed with husband until the dogs passed away before she left the relationship.
Overall, many have concluded that, “These amendments are actually the law catching up with what’s happening on the ground”.
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