Can the court order shared care of the family dog?
We’ve noticed an increase in ‘paw-rents’ enquiring about orders for, or even having already agreed to parenting-style arrangements for their pets and seeking that they are ratified as consent orders. Think: week-about or time-sharing arrangements for their dog or cat, information-sharing and authorities for the vet and doggy-day care, and provisions for sharing of day-to-day, registration and veterinary expenses.
It’s a sentiment that we very much understand! For many families, a pet is much more than property.
In Wright v Berger [2025] FedCFamC2F 1315 the Federal Circuit and Family Court of Australia (Division 2) considered the operation of the “companion animal” provisions in section 90SM of the Family Law Act 1975.
The Respondent Mother adopted the companion dog, “C” now aged 16 years, in approximately 2011, prior to her relationship with the Applicant Father.
It is clear that “C” was a much-loved member of the family, including by the parties’ child!
The Applicant Father agreed that “C” shall be owned by the Respondent Mother, however sought additional orders including that he shall care for and house “C” during the times the child was ordered to be in his care, and information sharing provisions about “C”.
The Applicant Mother opposed the additional orders.
The Court confirmed that under the amended section 90SM, companion animals remain property (albeit a special category) and the legislation creates a closed set of options: ownership to one party, transfer to a third party, or sale. That is, that the Court has no power to order shared care or shared “use” arrangements for companion animals.
Despite recognising the emotional bonds involved, the Court emphasised finality, conflict reduction and legislative intent: declaring “C” to be solely owned by the mother, with no ancillary orders.
So while it is ‘ruff’, our dogs are still (special) property in the eyes of family law.
For any assistance with your property settlement or other family law needs, contact Michael Lynch Family Lawyers today on (07) 3221 4300 or email [email protected].
