The status of family pets in Family Law disputes is being changed. Photo: Michelle Kroll.
Victims of domestic and family violence may delay leaving, choose not to leave or even return to perpetrators due to concerns about the safety of family pets – a major issue that upcoming legislative changes seek to address.
In the coming weeks, amendments to the Family Law Act will be introduced to recognise pets as a special form of property.
The changes will provide considerations over a shared pet during custody disputes. The present interpretation of the law treats them solely as ‘property’. During legal separations, courts do not have to consider shared custody orders or the best interests of an animal.
According to research officer Kylie Butler of the Australian Institute of Family Studies (AIFS), this can provide perpetrators with the ability to manipulate and control victims by threatening harm to family animals.
“In some cases, making the victim feel responsible for the violence, as though their behaviours or close connection with the animal caused the violence,” she said.
“Pets can be a significant source of joy, friendship, comfort and support, especially in times of crisis – so threats or actual harm to family animals can be incredibly distressing.
“Many victim-survivors report staying with a perpetrator longer, not leaving at all, or returning out of fear for the animal’s safety – especially if the pet has to be left behind.”
In April, Ms Butler co-authored a report showing that factoring pets into safety planning and better access to animal-inclusive crisis accommodation is critical to the safety of many victim-survivors and their children.
One 2023 AIFS study referenced in it, found 52 per cent of Australians consider pets to be family members, with women more likely than men to count animals as family.
She said practitioners, including social workers, psychologists and others who worked with women and children in crisis, needed to factor family animals into safety planning.
“Ideally family animals are part of those early discussions with a victim-survivor about leaving; what plans can be put in place to ensure the safety of the pet? What needs to be packed, including food, bedding, medication, paperwork and care instructions?”
Women’s Community Shelters CEO Annabelle Daniel OAM welcomed pets being considered a special form of ‘property’ under the Family Law Act.
As Chair of Domestic Violence NSW, she noted coercive control laws recognise threats and physical violence to pets as a form of criminal activity.
“Pets hold a special role in the life of children and families, and for many of the older single women we support, provide key companionship and connection,” said Ms Daniel.
“An approach that recognises this particular vulnerability in Family Law is a closer alignment to the lived experience of victim/survivors.”
With evidence from Australia and abroad, the AIFS report found violence towards pets can include threats or actual physical or sexual abuse, verbal abuse or deliberate neglect. Although dogs and cats are the most targeted, it claims any family animal that the victim-survivor has a connection to can be at risk, including birds, fish and horses.
“Accommodating family animals with victim-survivors removes a significant barrier to leaving a violent relationship, and supports recovery for both the victim-survivor and the animal,” said Ms Butler.
“Given around 69 per cent of Australian households include pets, and one in four women have experienced some form of abuse by a current or previous partner, this is a critical issue that needs to be factored into family violence policies and programs.”
This latest raft of legislative changes is part of an earlier commitment by the Federal Government, which saw massive reforms to the Family Law Act come into effect on 6 May.
The changes, according to Attorney-General Mark Dreyfus, “make what is an often-confusing and overly complex system easier to navigate for families going through a challenging period of their lives”.
