Most pet owners consider their little friends no less than family. They hold a significant role in parents’ lives. Hence, it’s natural to wonder what will happen to your pet if you are going through a break or planning a divorce.

According to the best Chinese lawyers in Sydney, Australian family law considers pets to be property. And if you struggle to decide who will take custody of your pet, the Court can determine it for you like a property settlement process. 

Wondering how many that work? Continue reading as the following section dives into the matter of pet custody in Australia.

Who Gets The Dog After Separation? Sydney Chinese Lawyers

The Court usually follows the principles of the Family Law Act 1975 to settle property division and pet custody in Australia. The authorities may consider an extensive range of factors, such as direct and indirect financial contributions, non-financial contributions, future needs and earning capabilities of each party. They may ask you questions like

1. Who bought the pet?

2. Who is the primary caregiver for the pet?

3. Whose name did you use to register the pet?

4. Who feeds the pet?

5. Who will be more capable of caring for the pet?

What Steps You Can Take To Determine Who Gets The Pet Custody

Whether you were in a de facto relationship or a legal marriage, there are a few options you can consider to determine the pet’s custody after separation. These options include but are not limited to

1. A mutual agreement: Speak with your partner and try to have a mutual understanding without legal support. You may decide to share custody or give one person sole ownership.

2. Mediation: You can hire the best family Chinese lawyers in Sydney for a sound future for your pet. This option is useful when you don’t want to involve the Court but find it hard to communicate with your ex-partner. 

3. Legal intervention: If you and your partner fail to come to an arrangement, you can leave the decision to the Court.

How The Court May Proceed With The Pet Custody Case

Besides the questions mentioned above, the Court may also ask you:

1. Whose details are on the pet’s microchip?

2. Who takes care of the pet’s medical costs?

3. Who pays the day-to-day cost of the pet?

The Court may look into who was the primary caregiver for the pet, meaning who routinely bathed, walked and fed the little one. Also, they will analyse who is more committed to caring for the pet and has all the resources to do it. Furthermore, they will check the living environment you and your partner can offer the pet. 

What To Consider When Working Out A Pet Custody Case?

If you and your former partner can’t decide the custody of your pet, consider these points. 

1. Do you both want to involve yourself in the pet’s day-to-day activities:

If your answer is yes, then you have to make an arrangement, like shared custody. It also means you and your partner will be a part of each other’s life as long as the pet is alive. Ensure you both are on the same page regarding the health and well-being of your pet.

2. Does the pet have a stronger bond with you or your partner:

It can be challenging to determine, but it can save both of you a lot of hassle. If your pet has a stronger bond with your former partner, it’s best to let them live together. Of course, your former partner has to have the resources.

3. Do you have kids:

If you have children and they have a good bond with your pet, you can use them to decide which home they belong to the most.

4. Do you have the resources and living arrangements to care for the pet?

Taking care of a feline can be costly. If your new home is too small for the family pet or you don’t have the finances to take care of them, then it’s best to leave them with your partner.

Summing Up

Over 62% of households in Australia have pets. According to the best Chinese lawyers in Sydney, it’s not uncommon to dispute pet custody. However, there are ways you can resolve the matter. For instance, you can come to a mutual agreement to share custody. Or you can avoid this issue completely by creating a binding agreement determining who will take the pet in case of your breakup.

Author's Bio: 

Author is a family and property lawyer in Sydney. Besides helping families resolve property issues, he loves to paint, read thrillers and go on hikes with his furry friends.