On the 10th of June 2025 key changes came into effect to the Family Law Act 1975 which address the economic consequences of family violence in considering financial and property settlements and the fate of the family pet. While the former is important and to be commended the act also recognises pets as ‘companion animals’, a specific category of property. Victims of domestic violence may be constrained by fear of where and with whom children live, but also the future for the family pet. Joint ownership will not be permitted and in making the decisions consideration will be given to who acquired the animal, who cared and paid for them, family violence and cruelty towards the creature, attachment by an adult or child to the pet and the demonstrated ability of a person to properly care for them in the absence of the other.
Pets as Family
While pets include cats, birds, reptiles, and rats, it is estimated that there are now about 250 million dogs in the world, a quarter of whom are pets.
Humans and dogs have been emotionally attached to each other for at least 14,500 years. In 1914 human remains were discovered in a Late Paleolithic grave with the skeleton of a dog laid out beside them. Later testing revealed that the animal was about 6 months old and had suffered repeated bouts of illness that would have required care to survive. It would seem this was not just a hunting or guard dog but a family member.
Humans have deliberately selected features of dogs to shape them to our needs, creating hunters, guards, weapons, babysitters, and companions. For couples in conflict over their pet it is this last function that is most meaningful.
The Benefits of Owning a Pet
The American Heart Association reports that owning a furry (or scaly, or hairy) companion reduces a person’s mortality rate by 24 percent and Beth Frates, a human behaviour expert and collaborator at Massachusetts General Hospital, suggests that pets provide people with a sense of belonging and purpose, giving us comfort in times of loneliness and anxiety. Petting a dog or looking into its eyes can release oxytocin which strengthens the bond with the animal, reduces stress, and promotes calm and a sense of wellbeing.
Additional benefits of dog ownership include exercise and social connection with others who stop to meet the pet.
It’s not all Positive
While there are benefits for many, a study from the University of York (UK) has shown that pet ownership does little to benefit the emotional well-being of those with serious mental illness, such as bipolar disorder or psychosis showing no impact on scores for depression, anxiety, and loneliness. This was despite their reported bond with the animal. For some the burden of caring for the animal may increase impairment and may explain why trained therapy animals as opposed to companions improve the well-being of those with mental illness as they are taught to be friendly, obedient, and relaxed.
Finally, pets are not people and the failure to set clear limits, ensure physical and emotional space and create certainty and appropriate hierarchy with a pet can prove dangerous and sometimes fatal for both human and creature.
For now, it’s good to know that Fido will go to the safest home.
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