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The Marriage of Family Law and Animal Rights

Alternative Law Journal, Vol. 31, No. 4, pp. 216-220, 2006

5 Pages Posted: 25 May 2010 Last revised: 2 Aug 2010

Tony Bogdanoski

The University of Sydney Law School

Date Written: 2006

Abstract

This article examines the problem of 'pet custody', an issue arguably at the forefront of recent international developments in family law, especially in North America. Family pets enjoy a complicated position under Australian family law. On the one hand, their welfare is protected by state animal protection laws. On the other hand, they are inconsistently treated as mere chattels by the family law system when it comes to the disposition of assets following relationship breakdown. It is submitted that the interests of companion animals, and those of their human guardians, would be better served by removing this inconsistency, but not on the basis of a blanket implementation of a 'best interests' model analogous to that used in the resolution of parenting disputes.

Suggested Citation

Bogdanoski, Tony, The Marriage of Family Law and Animal Rights (2006). Alternative Law Journal, Vol. 31, No. 4, pp. 216-220, 2006 . Available at SSRN: https://ssrn.com/abstract=1438470

Tony Bogdanoski (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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