21/08/2026
Can Family Law Decide Who Gets the Dog?
Weāve noticed an increase in enquiries from devoted āpaw-rentsā looking to formalise parenting-style arrangements for their pets after separation.
Think:
š¶ Week-about arrangements for the family dog
š± Time-sharing schedules for the cat
š Information-sharing regarding veterinary care and pet services
š° Agreements about registration, veterinary and day-to-day expenses.
Itās a sentiment we completely understand. For many families, pets are much more than property. Theyāre beloved members of the family.
A relatively recent case, Wright v Berger [2025] FedCFamC2F 1315, considered precisely this issue.
The family dog, āCā, had been adopted by the mother before the relationship began and remained a much-loved companion throughout the relationship, including for the partiesā child.
While the father agreed that ownership of āCā should remain with the mother, he sought additional orders that would allow him to care for the dog during the childās time with him, together with provisions for sharing information about the dogās welfare.
The Court declined to make those orders.
Under the companion animal provisions of the Family Law Act 1975, pets remain a form of property, albeit a special category of property. The Courtās options are limited to:
āļø Ownership being granted to one party
āļø Transfer to a third party
āļø Sale of the animal
Importantly, the Court confirmed it does not have the power to order shared care or parenting-style arrangements for companion animals.
Despite acknowledging the strong emotional bonds involved, the Court emphasised the need for finality, reducing conflict, and giving effect to Parliamentās intention.
The result? āCā was declared to be solely owned by the mother, with no additional care or information-sharing orders.
So, while it may be a little ruff, our beloved pets are still treated as (special) property in the eyes of family law.
If you need assistance with a property settlement or any other family law matter, our team is here to help.
