Court rules: Pets to be treated as property not children

It has recently been deemed, by the appellate division of the Federal Circuit and Family Court of Australia, that pets are to be treated as property and not as children.

In a recent case, involving 8 year old Spoodle, Roxy, both the husband and wife were seeking an order of possession of the pet.  Roxy was originally purchased by the wife, for the husband’s daughter (of a previous marriage) and was listed as the registered owner.   Due to Roxy’s age and value, she was not named on the list of assets to be divided.

The trial judge found that justice and equity would be best served by adjusting the property interests of the parties so that ownership of Roxy was transferred to the husband or his nominee. The wife submitted that the primary judge erred in taking into account the emotional attachment of the husband and his daughter to Roxy, and in failing to take into account her attachment to Roxy.  

The Full Court noted that there was a mutual intention between the parties that Roxy was purchased for the husband’s daughter, who was not a party to the proceedings and had no legal or equitable interest in Roxy so it was not appropriate for the court to make an order transferring Roxy. The Full Court stated:

“As much as it will pain pet lovers, animals are property and are to be treated as such. Questions of attachment are not relevant, and the Court is not, in effect, to undertake a parenting case in respect to them.” [63]

The Full Court then discussed the value of pets asserting that “if the animals have significant value, they can be valued in the usual way” [64]. Roxy was a family pet of limited financial value compared to a recent sale from a Working Dog auction at Casterton, where an Edenhope-bred kelpie, by the name of Hoover, sold for over $35,000, in a situation such as this she could have simply been dealt with in the ordinary course of a property settlement.

Federal Circuit and Family Court of Australia, have indicated they will not be conducting parenting proceedings in relation to family pets moving forward.    

Source: Grunseth & Wighton (2022) FLC ¶94-099; [2022] FedCFamC1A 132, 26 August 2022.

Should you have concerns about your family pet and your current situation, please contact Solari and Stock on 8525 2700 or click here to request an appointment with one of our experienced Family Law Team.
Article rewritten by Kate Allenby
Photo by Andrew S on Unsplash