Wordless Wednesday with a guest post!

A not so wordless Wednesday!

Our cat with no name!

A couple in our town, went there separate ways. They moved from their home but left their kittens behind. There neighbour has taken over looking after them, untill he can find them all homes.

What role does your pet play in your relationship or your family’s life? 

Would you fight for custody in the event that your relationship broke down? 

Guest post 

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Who gets the Cat? Pet custody becomes a tricky issue

If you and your partner, or your children, have a pet – whether that is a dog, cat or hamster – it’s likely that you consider them part of the family. The bonds that tie us to our pets can be extremely strong, and it’s an issue that both family courts and couples that are separating or divorcing are now increasingly contending with.

The question begs – “When a relationship breaks down, who gets the dog?”

In the eyes of Australian family law, pets are viewed as property, not people. This means there is no provision in Family Law for the courts to decide on custody of pets based on what is in the dog or cat’s best interest.

While it is most common for people to make their own arrangements – similar to deciding without the help of the court where their children will live – this can sometimes become impossible when relations deteriorate. And as more couples are marrying later in life and having fewer (if any children), pet custody issues are finding their way to court.  

If the matter goes before a judge, however, the pet will be treated as part of the property and financial settlements.  The questions that might be asked include ‘Who cared for the pet?’, ‘Who spent more time with the pet?’ and ‘Who took on responsibilities such as walking, feeding and training the pet?’.

The attitude in legal circles is that pet custody issues should not go to court, and more and more divorced and separated couples are organising pet custody arrangements independently. According to experts, the trend is more common in couples without children, and in part due to the increasing importance that our furry friends have in our lives as we marry later and have fewer (if any) children.

Some pet custody agreements outline ‘shared care’ arrangements, where one partner has visiting rights or ownership is shared.

While in Australia Family Law does not mention pets, pet custody has become somewhat of a “niche” speciality for divorce and family lawyers in the US, where some states allow courts to grant orders that keep people away from certain animals, or to arrange contact visitation schedules, for example.  

If ever there was proof that our pets are important parts of our families or mean as much to as humans, it is in the pet custody battles that have become increasingly common when couples part.