The special bond between owners and pets has been recognised in family law changes, with dogs and cats defined as companion animals and not just property.
Previously, if a victim asked for ownership of their pet, courts could not consider the animal’s safety or wellbeing.
In Australian family law, pets were viewed as personal property, similar to other possessions such as cars, furniture and electronic equipment.
In deciding custody, courts were not thinking about where the pet would be out of harm’s way. Instead the focus was on who had the superior right to title, a common question in personal property law.
The safety and survival of a dog or cat was irrelevant in decision-making.
The amended Family Law Act redefines pets as companion animals, rather than as mere property. The shift recognises the deep emotional attachments between pets and their owners.
When a marriage or de facto relationship breaks down, the court will consider any past cruelty towards a pet when deciding future ownership.
Courts will only be able to assign ownership to one party. There will be no joint custody to prevent ongoing disputes over the ownership of the pet.
If an abused partner is confident they would be allowed to keep their companion animal if they leave a violent relationship, there is a greater chance they will seek safety.
If a victim has fled to accommodation where they cannot keep their pet, the new laws will allow for a court order to transfer the animal to another person. A safe person.
The sentience of animals – their ability to feel pain and fear – is still not recognised in Australian family law.
Nevertheless, this week’s changes should lead to large numbers of companion animals gaining protection from future abuse.
Other changes to family law also come in to force this week.
Critically, the definition of family violence is being broadened. It will now include economic or financial abuse-related conduct, such as sabotaging the victim’s employment, forcibly controlling their money or forcing them to go into debt.
Not paying child support for a long time might also count. Intentionally damaging a property to reduce its value will also be in the equation.
There will also be greater protections to prevent the misuse of sensitive information that arise from confidential conversations with healthcare professionals, or with specialist support services.
The property changes will apply to all new and existing proceedings, except where a final hearing has already commenced.
Source: Family law changes will better protect domestic violence victims – and their pets