From pet prenups to shared custody, who gets the “fur baby” after a breakup is not a simple matter.
When Joanna’s relationship ended, she packed up her bags and three dogs and moved interstate. The family lawyer , knew that if she gave her ex a chance to take them, or told him where she was going, she would have no chance of getting them back.In Australian Family Law, pets are classed as property, so while many of us may see our pets as children, they’re not legally seen as such.
Aside from emotional value, he’s also worked with clients who have a vested financial interest in their pets, for example racing, breeding, or acting animals. A year after Tessa and her partner got their labrador puppy, they split. The pair have been successful in negotiating shared custody. Every afternoon after work, Tessa walks over to his house to feed and walk the dog. Once a week, the dog will visit Tessa, who lives in an apartment, for a sleepover. They split all costs evenly down the middle.
Often forgotten in such situations is the effect of a separation on the animal. Jacqui Ley, a veterinary psychiatrist at Melbourne Veterinary Specialist Centre, emphasises that there’s a “bigger picture than just the two owners involved”, and urges couples to carefully consider the needs of their animals when negotiating custody.
Ensure that each party understands the pet’s needs – e.g. consistent feeding and exercise – and sticks to it.
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