Who Gets the Dog? Pets, Property and the Emotional Custody Battle in Divorce

In this episode of Dear Divorce Diaries, family law experts Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor) explore one of the most emotionally charged and increasingly common issues in modern separation: what happens to pets during divorce?With a special guest appearance from “Buddy” 🐶, the conversation unpacks how Australian family law now treats pets—legally defined as “companion animals”—and what that means for separating couples.Pets Are Now “Companion Animals” Under the LawThe episode opens with a major legal update:Under recent changes to the Family Law Act, pets are now formally recognised as companion animalsHowever, they are still legally classified as propertyThis means:No “custody” or “residence” orders in the traditional senseCourts determine ownership and possession, not shared parenting arrangementsWhy Pets Matter So Much in SeparationBoth hosts acknowledge the emotional reality:Pets are often seen as “fur babies”They play a significant emotional role in family structuresAttachment can be strong for:ChildrenPartnersEntire householdsDespite this emotional significance, the law still treats them through a property lens, not a family member lens.How Courts Decide Who Gets the PetThe hosts break down the key factors courts consider:Who is the registered ownerWho purchased the animalWho performs daily care:FeedingWalkingGroomingVeterinary careWho has had the primary relationship with the petThe court may also consider:Financial responsibilityLiving arrangements post-separationPractical ability to care for the animalFamily Violence and PetsA serious and important aspect of the discussion:Pets can be used as tools in coercive control and emotional abuseCourts recognise that animals may be:Subject to harmUsed to intimidate or manipulate a partner or childrenThis can influence outcomes where safety concerns existNo “Shared Custody” of Pets (Legally)One of the clearest legal points in the episode:Australian family law does not recognise shared care arrangements for petsOutcomes are limited to:One party retaining ownershipTransfer of ownershipSale or disposal of the animal (rare and undesirable outcome)The hosts reflect on how this contrasts with common informal agreements people try to make (e.g. “week-on, week-off pet arrangements”), which have no formal legal standing under the Act.Emotional and Legal Conflict in Pet DisputesThe episode highlights real-world tensions:Pets are often used as leverage in separation disputesDisputes can reflect deeper relationship breakdown issuesCourts are increasingly aware of:Strategic use of pets in negotiationsEmotional pressure placed through pet possessionCase Insight: When Attachment Collides with OwnershipA case example discussed:A child formed a strong attachment to a dogDespite emotional factors, the court awarded the dog to the parent who was the primary owner and caregiverKey takeaway:Emotional attachment is considered, but does not override ownership and caregiving evidence.The Parrot in Court – A Humorous Legal Anecdote 🦜A memorable story from the episode:A court dispute over a macaw parrotThe bird repeated insulting phrases during proceedingsThe judge observed the behaviour and awarded the bird to the husbandThe story highlights:How unpredictable evidence can beThe humorous reality of property disputes involving animalsStrategic Insight: Pets Can Become LeverageThe hosts caution listeners that:Pets can unintentionally become bargaining toolsEarly legal advice is important to avoid escalationCourts are increasingly attentive to underlying coercion or manipulationConnect with Dear Divorce DiaryFollow Dear Divorce Diary for more real conversations about separation, parenting, family violence, court processes, mediation, and rebuilding life after divorce.Available on:YouTubeSpotifyTikTokInstagramLinkedInListeners are encouraged to continue sending topic suggestions, questions, and lived experiences via social media DMs for future episodes. Hosted on Acast. See acast.com/privacy for more information.