16/10/2026
Want to keep your pet after you separate? Start collecting your evidence now, before it ever becomes an issue.
If pet custody ends up contested, here are five things the court will look at:
1. Primary care evidence. Who feeds the animal every day, who walks them, who lets them out in the morning and puts them to bed at night?
2. If you can show you have been the day to day carer, that carries weight.
Veterinary records. Whose name is on the vet file, who booked the appointments, who paid the bills? Vet records are some of the strongest evidence of ongoing care and responsibility.
3. Registration and microchip details. Whose name is on the council registration, and whose details are linked to the microchip? These formal records carry serious weight.
4. Financial records. Who paid for food, insurance, grooming, training and boarding, and who paid for the pet in the first place? Bank statements and receipts showing a consistent pattern of financial responsibility help establish who has been the primary provider.
5. Photographs and documentation. Photos and videos with your pet over time, social media posts, even messages between you and your partner about the pet's care. This paints a picture of who has the stronger bond and who has been more involved.
The more evidence you gather now, the stronger your position will be if pet custody becomes a contested issue in your separation.
To learn more, book your obligation free 30 minute appointment at pearsonslawyers.com.au