Page 16 - PR Mag Sep18

Divorce – Who Keeps the Pets?

Most pet owners freely consider their furry, feathery or even scaly friends to be ‘part
of the family’ to a point even where many instinctively refer to their pets as children.

What happens though to the pet in a situation under the current laws, the closet thing we have At present, we do have some change in these
of divorce or relationship breakdown between are provisions which allow a Judge to make an laws on the horizon. In the USA at least two
the pet’s ‘parents’? Under the Australian Family Order that protects or preserves property from States have either introduced or are in the
Law Act the ongoing care of the actual human waste, destruction or damage. In the extreme process of introducing laws that will give Family
children to a relationship is carefully managed scenarios where the pet is subjected to violence Law Judges the power to make Orders about
by an extensive array of provisions designed to the ongoing possession and care of family pets
ensure that the best interests of those children along welfare lines. In Australia, it is presently
are met. Australian Law, however, considers considered that a couple would be able to
pets to be just another form of property and “ ...the working out of make a binding (‘pre-nup’) style agreement that
consequently the working out of where little stipulated who would be keeping the family
‘Fluffy’ is going to live is done in the same way where little ‘Fluffy’ is pet in the event of a relationship breakdown.
decisions are made about the family car or the going to live is done in Since pets are ‘property’, there should be no
living room couch. On those few occasions reason why a Family Court Judge would not
where these cases have ended up in Court, the the same way decisions enforce the agreement if the couple were ever
decisions have been worked out along the to separate at some point in the future.
lines of: are made about the
• Who is the registered owner; Joshua Noble is an Associate at Zande
• Who paid for the initial and ongoing family car or the living Law Solicitors, Suite 7, Norwinn Centre, 15
expenses; Discovery Drive, North Lakes. To contact
• Who was the main caregiver during and room couch. ” Josh for advice, please phone (07) 3385
after the relationship; 0999.
• Whether the parties will have appropriate
accommodation for the pet; and The information in this article is merely a guide
• If there are parenting arrangements for or some other cruelty, State-based criminal and not a full explanation of the law. This firm
children, whether the children have a and domestic violence laws can be invoked to cannot take responsibility for any action readers
special attachment to the pet. keep the pet safe. However, these cases are run take based on this information. When making
Unofficially, a Judge would be expected to through the State Court system and cannot be decisions that could affect your legal rights,
consider the animal’s welfare but officially, connected up with any Family Law case. please contact us for professional advice.

FREE
BELT

OFFER!

Buy an Akubra hat
and receive a FREE Popup
Dubbo or Steve &
Kempsey belt valued
at $69.95!
Weddings

Buy a pair of R.M. 2018
Williams Craftsman
boots and receive a
FREE RMW Stockman or Dayboro Road, Whiteside, QLD, 4503
Pewter 3 piece belt, (07) 3285 5934
valued at $99! opt.events@ymcabrisbane.org Packages
www.tompetrie.com.au
from
20% OFF SHIRTS! $2500
Buy a pair of R.M. Williams Craftsman boots or an Akubra
hat and get 20% off R.M. Williams and Ariat shirts!
* Terms and Conditions apply.
2/640 Gympie Rd, Lawnton QLD 4501
07 3881 1199
www.horseland.com.au
BUY NOW. PAY LATER.
AVAILABLE IN STORE & ONLINE NOW