Australian legal advice on custody arrangements with pets

Query:

I’m in the course of a really painful break-up that’s getting more and more fraught. We weren’t married however did stay collectively for 2 years and had been collectively for 5 years in complete.

Final Christmas, he purchased me a Cavoodle pet, Arlo, that has now turn into a pawn in our break-up.

My ex is saying that he purchased Arlo for himself and that the canine was by no means meant as a present, due to this fact he ought to take him. Whereas, I consider that as a present, Arlo is mine to maintain.

What are the legal guidelines round this? I really feel it may get longwinded and nasty if we now have to have a custody battle over our pup. – Cerys, Qld

Reply:

Sorry to listen to you’re going by means of a tough separation and your cherished pet is caught up in it.

In Australia, the Household Regulation Act governs property division and issues regarding the care of kids.

This Act doesn’t particularly take care of pet possession, care or obligations. As an alternative, in relation to a separation, pets are handled like some other property resembling a automotive, home or furnishings.

Like most authorized disputes, the care and possession of Arlo can be finest handled out of the court docket system by means of settlement.

If you happen to can’t come to an settlement, you should utilize the Household Dispute Decision or mediation course of by means of the Household Courtroom system.

By this course of, you and your former associate will probably be inspired to come back to an settlement about who Arlo lives with, who pays for any bills, who makes choices about issues regarding Arlo’s well being and any contact points.

If you happen to had been to achieve an settlement on this means, it received’t be legally enforceable, regardless of the settlement reflecting your intentions.

To safe legally enforceable orders about your pet, you would want to take care of possession of the pet such as you would your property or belongings and make a Binding Monetary Settlement, or convey an Utility for Consent Orders in court docket to mirror what’s agreed.

When the Household Courtroom has thought-about possession of pets beforehand, they’ve checked out issues like:

1. Who bought the pet and what was the aim of that buy (any proof that your former associate offered it to you as a present will probably be related)

2. Whose title the pet is registered in

3. Who the pet lived with earlier than and after separation

4. Who does the pet have an emotional bond with

5. Who was the primary caregiver for the pet (for instance, who sometimes walked the canine, bathed him, and took him to the vet)

6. Who has been liable for the everyday and medical prices regarding proudly owning the pet

7. The proposed dwelling surroundings for the pet and whether or not it’s pet-friendly

You must word that, as a result of the court docket can’t make an order that permits shared possession of property (like a automotive), this additionally applies to a pet.

You haven’t talked about in case you share any kids along with your former associate. The Household Courtroom has beforehand made choices that contain the pet travelling between houses with the kids or assigning possession of the pet to the one who the kids primarily stay with, notably when the kids have an emotional reference to the pet.

Outdoors of the Household Regulation Act, you or your former associate could possibly convey an motion within the Magistrates Courtroom to ascertain who the lawful proprietor of Arlo is and due to this fact ought to have possession.

In Queensland the place you reside, the related regulation is the Animal Administration (Cats and Canine) Act and the court docket would think about all of the elements outlined above earlier than figuring out who’s the rightful proprietor of the canine.

Final 12 months, the Melbourne Magistrates Courtroom heard a case similar to yours involving a dispute between a former couple over whether or not a $4300 pomeranian canine was given as a present and who was the rightful proprietor.

In that case, the court docket discovered the canine was gifted through the relationship and may stay with the recipient, though the canine had been cared for by each individuals through the relationship, and bills had been paid for by the reward giver.

For future relationships, it is best to know that pet possession upon separation may be handled in a Binding Monetary Settlement (often known as a pre-nup). This doc is often ready throughout a relationship and lists all belongings owned by every particular person and the way they’re to be divided within the occasion of separation.

This authorized data is common in nature and shouldn’t be thought to be particular authorized recommendation or relied upon. Individuals requiring specific authorized recommendation ought to seek the advice of a solicitor.

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