As of March 2025, approximately 7.7 million households, or 73% of all Australian households own a pet. When the family law reforms were first announced, headlines across Australia proclaimed “Pet Custody is Here!” But a year after these changes took effect in June 2025, the reality in the courtroom is more nuanced. While our pets are no longer treated as just furniture, the legal path to keeping your furry family member has changed.

It’s No Longer Just a Receipt

Previously, the person who paid the breeder or signed the adoption papers was almost always deemed the owner. Under the new Companion Animal status, the court now looks at the history of care.

What matters now: This includes who took the pet to vet appointments, who is registered on the microchip, and who provided the day-to-day stability.

Tip: If you are separating, start keeping a log of your pet parenting duties—this is now vital evidence.

The Shared Care Myth: Learning from Wright & Berger [2025]

A common misconception is that the Court will now order week-on, week-off custody for a dog, similar to children.

The recent 2025 case of Wright & Berger [2025] FedCFamC2F 1315 has provided much-needed clarity on this. In this matter, the Court confirmed that while pets are now recognised as special property with intrinsic value, the law does not allow a Judge to order a visitation schedule or shared custody.

Ultimately, the Court must still award sole ownership to one party. They cannot legally force an ex-partner to let you see the dog on weekends once a final order is made.

3. The Workaround: Why Mediation is Best for Your Pet

Because the court system can only pick one owner, litigation often leads to heartbreak for at least one party.

This is where our 90% out-of-court settlement rate becomes your biggest advantage. In mediation, we aren’t bound by the strict limitations seen in Wright & Berger. We can get creative and draft Private Pet Parenting Plans or Consent Orders that include:

• Shared care schedules that work for your lifestyle.
• Agreements on who pays for major vet surgeries or insurance.
• How doggy daycare costs are split.

Pets and Domestic Violence

One of the most significant wins of the recent reforms is the recognition of pets in domestic and family violence situations. The law now explicitly recognises that threats to harm or withhold a pet can be a form of coercive control. This is now a mandatory factor the court considers when deciding which home provides the safest environment for the animal.

At Catton and Tondelstrand, we understand that pets are family. If you are worried about your companion animal’s future, contact us today to discuss a tailored Pet Parenting Plan by calling 07 5609 4933 or book an appointment online by clicking here.