What Is a Companion Animal?
If you live in the south of Brisbane and share your home with a dog, cat, or other pet, you might wonder how the law views them when things change in your life. Day to day, your companion animal is usually much more than a pet.
They are part of your routine, a source of comfort, and often a big support during stressful times like separation, moving house, or dealing with conflict.
Key takeaway: A companion animal is an animal you keep mostly for company and emotional support, not for work, business, farming, or research.
Companion Animals vs Assistance Animals
It is important to understand the difference between a companion animal and an assistance animal, because they are treated very differently under Australian law.
A companion animal is an animal you keep mainly for companionship, such as:
- Dogs and cats
- Rabbits, guinea pigs, and other small pets
- Birds and similar household animals
They live with you in your home, fit into your daily life, and provide comfort, company, and emotional support.
An assistance animal is different. Assistance animals are specifically trained to perform tasks that support a person with disability. For example:
- Guide dogs for people with low vision
- Hearing dogs
- Medical alert dogs for conditions such as epilepsy or diabetes
Assistance animals are recognised under anti-discrimination laws and usually have legal rights to access public places and accommodation that ordinary pets and companion animals do not enjoy.
Key takeaway: Most household pets in south Brisbane are companion animals. Only specially trained animals that support a person with disability are treated as assistance animals with special access rights.
Need a Lawyer?
Companion Animals and Family Law in Brisbane
Recent updates to Australian family law now recognise the role of companion animals more clearly when couples separate. These changes apply in Brisbane through the Federal Circuit and Family Court of Australia.
If you and your partner separate and cannot agree about who keeps the pet, the court can now make specific orders about your companion animal, instead of treating them only as another item of property.
To be considered a companion animal in this context, the animal must be kept primarily for companionship. They should not be:
- Part of a commercial business, such as a breeding or grooming operation
- Used mainly for farming or agricultural work
- Kept for scientific or research purposes
For example, a family dog living in a suburban home in south Brisbane is likely to be treated as a companion animal. A working cattle dog on a rural property will usually not be treated in the same way, even if you are very attached to them.
When deciding who should keep the animal, the court may look at:
- Any history of threats, neglect, or abuse involving the animal
- Which family member or child has the strongest bond with the animal
- Who is realistically able to meet the animal’s daily needs, including housing, time, and financial capacity
The court does not usually order shared pet time in the same structured way it does for children. Orders are more likely to give primary responsibility to one person or transfer ownership from one partner to the other.
Key takeaway: In a south Brisbane separation, the court can now make decisions about who keeps a companion animal, focusing on safety, emotional ties, and who can provide proper day to day care.
The Legal Status of Companion Animals
Even though most of us see our pets as family, companion animals are still treated as property under most Australian laws. That means they can be dealt with in legal disputes in a similar way to other belongings, unless specific rules apply, such as the recent family law changes for companion animals.
At the same time, animal welfare organisations continue to raise concerns about issues like:
- Neglect and abandonment of animals
- Overcrowded shelters and high euthanasia rates
- Irresponsible breeding practices, including puppy farms and backyard litters
- A lack of microchipping, registration, and desexing
When you bring a companion animal into your south Brisbane home, you are taking on a long term responsibility for their welfare. That includes vet care, food, safe and suitable housing, and the time and attention they need to stay happy and healthy.
Key takeaway: The law may treat companion animals as property, but in practice they come with serious ethical and practical responsibilities that go far beyond simple ownership.
