What Is a Companion Animal?

For many Australians, animals are more than just pets—they are beloved family members, confidants, and sources of comfort.

If you’re wondering whether your pet is considered a “companion animal,” especially in the context of family law or housing policies, it’s important to understand how they’re defined and treated across different areas.

Companion Animals vs Assistance Animals

What Is a Companion Animal? A companion animal is generally any animal kept primarily for companionship and emotional support.

Dogs and cats are the most common examples, but rabbits, guinea pigs, and even birds can also be companion animals. These animals live with you, form bonds with your household, and contribute to your emotional well-being.

In contrast, assistance animals are specially trained to perform tasks for people with disabilities. These might include guide dogs for the vision impaired or medical alert dogs for people with epilepsy.

Unlike companion animals, assistance animals are recognised under anti-discrimination laws and have legal rights to access public spaces and housing.

Key takeaway: If your pet offers emotional support and is part of your daily life, it’s likely considered a companion animal—but it’s not the same as an assistance animal, which is trained to perform specific functions for people with disabilities.

What Is a Companion Animal: Companion Animals in Australian Family Law

Recent changes to Australian family law now formally acknowledge the significance of companion animals during relationship breakdowns.

If you’re separating or divorcing and there’s a dispute about who keeps the pet, the court can now make specific orders about your companion animal—separate from other property.

To be considered a companion animal, the animal must be kept primarily for companionship. It must not be part of a business, used for agricultural purposes, or involved in scientific testing.

For example, a sheepdog used for mustering wouldn’t qualify, even if they also provide you with companionship.

When deciding what happens to a companion animal, the court may consider:

• If there’s any history of abuse or threats involving the animal,
• Which family member (or child) is emotionally attached to the animal, and
• Who is best positioned to care for the animal moving forward?

Shared custody of animals isn’t available. However, the court can order sole ownership or transfer ownership to one party by agreement.

Key takeaway: If you and your former partner can’t agree on who keeps the pet, courts can now step in with specific orders—provided the pet is classed as a companion animal.

Why Companion Animals Matter

If you’ve ever come home after a stressful day to a wagging tail or a gentle purr, you already understand the emotional value of a companion animal.

These animals can reduce loneliness, improve mental health, and provide comfort in challenging times. They often help children develop empathy and a sense of responsibility.

For some, a companion animal plays an important role during periods of grief, trauma recovery, or illness.

They offer unconditional affection, and a sense of stability, and can even help reduce anxiety and depression symptoms.

In older adults, they may also encourage routine, physical activity, and social interaction.

Companion animals are often your emotional anchors, particularly during life transitions such as divorce, bereavement, or moving to a new home.

Key takeaway: Companion animals aren’t just pets—they often play a big part in your emotional and psychological well-being.

The Need for Stronger Protections

Despite their emotional importance, companion animals are still classified as personal property in most legal systems.

This means they can be treated much like or cars in disputes—unless there are specific laws or court provisions that say otherwise.

Animal welfare organisations have long advocated for better protections. They highlight that neglect, abandonment, and overpopulation of companion animals remain serious issues in Australia.

Backyard breeding, puppy farms, and lack of proper identification still lead to overcrowded shelters and unnecessary euthanasia.

As someone who cares deeply about their pet, it’s worth being aware of these wider challenges. When you adopt or buy a companion animal, you’re making a long-term commitment to their care, safety, and wellbeing.

Key takeaway: Owning a companion animal means accepting responsibility—not just emotionally, but ethically and practically as well.

How to Support Your Companion Animal During Legal Changes

If you’re going through a separation or other legal change, consider how your pet fits into your future plans.

Think about where you’ll live, your financial situation, and whether you’ll have the time and resources to care for them long-term.

You may also want to document your bond with the animal—photos, vet records in your name, or evidence of daily care may help if your case goes to court.

If possible, try to reach an agreement with the other party about who should keep the pet. Courts can intervene, but resolving matters privately can spare emotional distress for everyone—including your pet.

Key takeaway: Planning for your pet’s future during legal or personal changes can make the process smoother and less stressful—for both of you.

Final Thoughts

Whether you live with a dog who greets you at the door or a cat who curls up beside you every night, a companion animal can be a constant source of comfort and joy. Recognising their role in your life—and knowing how the law views them—can help you make better decisions during life’s more challenging moments.

As our legal system begins to better reflect the emotional significance of pets, it’s more important than ever to treat them with the respect and care they deserve.