divorce, pet custody, divorce

Pet Custody in WA – A Fair Outcome for Your Furry Friend

illustration of a cat sleeping infront of a calendar with pet custody arrangement dates

Separation can be tough enough as it is… but sorting out who gets to keep the family pet can be an absolute nightmare. When pets are as much a part of the family as anyone else, it’s no wonder that working out custody arrangements can be ridiculously stressful. The good news, though, is that there is a clear, straightforward path to follow in Western Australia and you don’t have to do it alone.

Below is a clear, plain English guide to pet custody, pet custody agreements, and pet custody laws in WA, designed to help you get a handle on things and move forward with confidence.

How the Law Treats Pets in WA

In family law, pets have up until recently been treated as just property. But that’s all about to change. As of June 10, 2025, the law has started to treat pets as companion animals, and the Court now has a checklist to help with disputes. The Family Law Amendment Act 2024 kicked in around mid-2025 and it’s the first time pets have been officially called ‘companion animals’ under Australian family law.

These new rules apply to married couples and spell out exactly how pets should be dealt with during a property settlement. Even though pets were historically lumped in with the furniture and the car, the law now recognises what most of us already knew – they’ve got real emotional value, and their welfare actually matters.

The Act says a companion animal is basically any animal you keep mainly for the company – so your dog, cat, rabbit, that kind of thing. It doesn’t cover assistance animals or animals you keep for farming or scientific work.

This is a really big deal in terms of acknowledging the impact of pets on families. When divorce or separation comes along, the court has to decide who gets to keep the pet, they’ll examine all sorts of factors.

  • How the pet came to be in the family – who actually brought the pet home, and who has the paperwork to prove it.
  • Who’s actually been looking after the pet – who’s been dealing with the day-to-day care since things started to fall apart.
  • Responsibility for the pet’s care and upkeep – who’s been paying for food, vet bills and the like, plus who’s been doing the walking, feeding and grooming.
  • The pet’s welfare – what the pet really needs in terms of care, and which house will be best for the animal’s well-being.
  • Which of you will be able to look after the pet as time goes on – what kind of lifestyle you’ll be living, and whether you’ll have enough space to give the pet the life it deserves.
  • The bond between the pet and its owners – just how attached the pet is to each of you, and whether it’s got a strong bond with the kids.
  • Family and domestic violence – if there’s any history of violence, threats or abuse towards the pet.
  • Mistreatment or neglect – if either of you have a history of harming or neglecting the pet.
  • Logistical arrangements – how you each plan to care for the pet, and what you’ll do in case something goes wrong.
  • How well you two communicated and worked together – did you both pitch in to look after the pet, or was there any effort from one of you to stop the other person from seeing the pet.
  • Any other info that might help the court come to a fair decision.

The bottom line is that the Court can’t order shared care of a pet. It can either assign the pet to one person, approve a transfer of ownership by agreement, or – in rare cases – order a sale with the proceeds split.

cat with sunflower headdress

Pet Custody Arrangements Can Be Included in Your Property Settlement

What’s included in binding financial agreements, pre-nuptial agreements, or property settlement orders can specify future ownership or custody arrangements for pets in the event of a split.

The companion-animal changes landed in WA for married couples’ property cases from June 10, 2025, and similar rules for de facto couples are expected to follow fairly soon.

Once everything wraps up – whether through negotiation or the courtroom – you’ll have a final arrangement for the pet. It pays to think carefully at every step, from the first conversation right through to filing the paperwork.

The best outcome is an agreement you both sign

If you and your former partner agree on who gets to keep the pet, you can lock this in as part of your property settlement using Consent Orders filed in the Family Court of Western Australia. Think of Consent Orders as court-stamped agreements, they’re legally binding and enforceable, and you don’t need to actually go through a hearing to get them.

There are time limits to start a property case or file for Consent Orders:

  • Married: within a year of your divorce becoming final.
  • De facto: within two years of separation.

If you can’t agree, you can apply to the Family Court for property orders and ask the Court to decide who will own the pet, using the companion-animal factors above. That said, the Courts really do prefer it when people try to sort things out between themselves first – so if there’s any chance of reaching a deal, it’s worth having that conversation before filing an application.

What to include in a pet custody agreement (the private and formal terms)

Here’s the thing, the Court won’t order a week-on, week-off schedule for your dog. But that doesn’t stop you and your ex from setting up your own shared arrangement if you both want to. You’ll just need to sort it out privately, outside of formal court orders.

Formalising everything legally usually involves making one person the official owner in your Consent Orders (this helps satisfy councils, vets and insurers), then adding a practical care plan between you.

  • Who owns the pet? Who is down as the official owner for registration, microchip and insurance purposes.
  • Primary residence and time-sharing: when the pet lives with each of you, how you’ll hand over the pet and what happens if someone is away on holiday.
  • Costs: food, grooming, vet care, insurance, emergencies – who pays what, how often, and any spending limits and how you’ll deal with reimbursement.
  • Decision-making: routine care, training, travel, and emergency vet care (including what happens if the other person can’t be reached).
  • Moving the pet: whether the pet can move with your interstate or overseas; what kind of notice and agreement you need to give each other.
  • Looking after the pet: the pet’s diet, exercise routine, training and behaviour plans, no breeding and if the pet’s been desexed or not.
  • Dispute resolution: try mediation first, then seek legal advice if you can’t agree.
  • What happens if it all goes wrong? What happens if you can’t keep sharing the pet.

Proof of pet care: putting together your case (or agreement)

Whether you’re negotiating or going to court, it’s really important to gather evidence that supports your case when it comes to pet custody. Collect all the evidence that matches the court’s checklist: Things like vet bills and photos of the pet will be important when you’re negotiating pet care.

  • Records of when you got the pet, including contracts with breeders or shelters.
  • Microchip and council registration records (these will show who’s down as the owner).
  • Vet bills, insurance, food and training receipts (these will show who’s been caring for the pet).
  • Photos and messages showing who’s been looking after the pet, including who’s done the feeding, walking and training.
  • Your work hours and housing details showing who can care for the pet on their own.

These documents show who’s been caring for the pet and who’s had the responsibility, which are the things the court will want to know.

dog on leash

After it’s all settled

Once you know who the official owner is, get those records updated:

  • Microchip: make sure the details on the chip match the new owner and their contact details.
  • Council registration:
    • Dogs: you need to let the council know about the change of ownership within 28 days, otherwise the register might not be up to date. If you and your ex disagree about what the council records say, you can apply to the State Administrative Tribunal to sort it out.
    • Cats: you can’t usually transfer a cat that isn’t microchipped, and transfers need to be done through a vet, or with a vet exemption. Within 7 days of the transfer, the person who’s selling the cat needs to let the council and the microchip database know about the new owner.

Also, don’t forget to update your vet clinic, insurer, pet sitter/boarding accounts and emergency contacts.

Keeping safe when family and domestic violence is involved

If you’ve got a situation with family violence, please put your safety and your pet’s safety first. There’s a WA program that can help you get your pet into temporary foster care while you get a safe place to live.

Get in touch with RSPCA WA’s Pets in Crisis (it’s available across Perth, the South West and Great Southern).

The court’s checklist specifically says they can take family violence and any actual or threatened cruelty to the animal into account, so don’t be afraid to raise it with your lawyer.

Renting, strata and moving

If you’re moving to a new place, check your rental pet rules and strata by-laws early to avoid any surprises. Some places have restrictions on pets or need you to get approval, and you might need to get written permission for the pet that’s now registered to you.

A quick guide to what to do next

  1. Choose your path:
    • You’re in agreement – Work out the terms with your ex, make one person the official owner, and get Consent Orders sorted to formalise it.
    • You’re close but not there yet – Try mediation to sort out any remaining points and get the paperwork done.
    • You can’t agree → Get advice from a lawyer and consider a property application asking the court to sort out pet ownership using the companion-animal factors.
  2. Gather your evidence: Get all your papers, registrations, vet and insurance records and proof of day-to-day care – all these things match what the court will want to know.
  3. Watch the time limits: Don’t miss the 12-month (married) or 2-year (de facto) window to start a property case or get Consent Orders sorted.
  4. File and Finalise – Use Form 11 and the proposed minutes of Consent Orders through the Family Court of WA. The Court will only approve orders if they’re seen as just and fair.
  5. Do the Admin – Update the microchip, council registration, insurer and vet – all of which needs to be done as soon as possible.

When Times Get Tough, Some Much-needed Reassurance

Feeling a bit anxious or over-protective is perfectly normal – after all, our pets are an extension of our family. But the clearer you are about the care you’ve provided, the agreement you’re after, and the paperwork you need to get sorted, the smoother this whole process should be.

Thanks to the companion animal rules, the Court now has a more humane and structured way to work out who really took care of your pet and who is best placed to meet its ongoing needs. And if you manage to come to a fair agreement with the other party, Consent Orders make it all official without too much hassle.

If you fancy getting some tailored guidance to help you negotiate a pet agreement and sort out the right paperwork, our expert family law team in Perth would be more than happy to help. We’ll work with you to get to a workable solution that will allow you, and your pet, to get back to normal in no time.

Frequently Asked Questions

Can the Court actually order shared care of our pet?

No, unfortunately not. The Court can either award the pet to one of you, approve a transfer of ownership by consent, or (in very rare cases) order a sale. You can of course come to your own agreement to share the time, but the Court won’t impose some sort of 50/50 schedule.

Does it all come down to who the microchip or receipt are in?

Well, it’s not the only thing, but it does matter. The Court will also be looking at who’s been caring for the pet in terms of feeding, walking, training, and paying for the pet, as well as the animal’s overall welfare and routine, any family violence that’s been going on, and who can actually care for the pet on their own going forward.

Do we have to try mediation before coming to a decision?

For property disputes, parties are usually expected to make a genuine effort to sort things out before going to Court. Mediation or family dispute resolution can be a whole lot faster and cheaper than going to litigation and can actually help come up with some pet-specific solutions.

What if my ex won’t even give me back my pet?

Then it’s best to get some advice from a lawyer as soon as possible. You might start off by sending a lawyer’s letter and mediating, but if things get serious you can indeed seek interim property orders to get possession of the pet while the rest of the property case is being sorted out.

Can the fact that my kid loves our pet be taken into account?

Yes, definitely. The bond between a child and their pet is a relevant factor, along with the pet’s welfare and stability.

What if I’m leaving due to family and domestic violence – what do I do first?

Prioritise safety, and consider reaching out to the Pets in Crisis program for temporary foster care – and definitely speak to a lawyer about getting a Family Violence Restraining Order. If you’re in an emergency, then call 000.

We want to share care privately – will that be enforceable?

You can definitely come to a private agreement between you, but it’s generally best to make one person the legal owner in Consent Orders (for registration, vets and insurers) – your private plan can then sit alongside the orders.

What evidence should I gather to support my case?

You should get together things like purchase or adoption papers, microchip and council registration details, vet and insurance records, receipts for food and training, and photos and messages showing day-to-day care – also, gather any information that shows you have the capacity to care for the pet.

What time limits do I have?

If you’re a married couple, you generally have 12 months from the date the divorce becomes final to start a property case or file Consent Orders; and if you’re a de facto couple, you have 2 years from the date of separation.

We have two pets – can the Court split them?

Yes, they can, but it’s worth thinking about whether the pets are actually bonded – you should propose an arrangement that’s best for their welfare.

I’m moving interstate or overseas – can I take the pet with me?

If you’re the legal owner and there’s no current case going on, then you should be able to take the pet with you – but it’s always a good idea to check in with a lawyer first. Make sure you update the microchip and registration, and check the airline and quarantine rules if relevant.

Do I need to get a lawyer involved?

Not strictly necessary, but getting advice from a lawyer early on can save you a lot of time, money and stress – especially where evidence, time limits and formal orders are involved.

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