Kate did not know what she would do if her partner kept their two dogs when they separated after seven years.
In their relationship, they cared for French bulldog Junior and British bulldog Winnie.
Kate’s former partner had Junior before they began dating, while Winnie came after.
This means the pet will no longer go to who the animal is registered to or whose home it stays at.
Eve Smith, whose firm Umbrella Family Law was the first in Australia to equip every lawyer with training in pet custody cases, expressed that these adjustments would be “really positive” for families and partners going forward.
“What we find very much is that, particularly for people who don’t have children, their animals are their be-all and end-all,” she said.
“Even within families with children, children and adults often draw so much empathy and understanding from their animals, providing a sense of calmness. When people separate, deciding what will happen to the pet becomes a significant decision.”
Smith has seen pets become an aggravating factor in separation proceedings, and used as a pawn.
In one particular case, a client of hers found it difficult to secure alternative accommodation that could accommodate her two Burmese mountain dogs, resulting in her staying with her estranged husband until the dogs passed away, only then leaving the relationship.
“These amendments are actually the law catching up with what’s happening on the ground,” Smith said.
