Pet custody disputes a growing problem Pets are moving up the ranks of "assets" in breakups. Picture: Ruttyn Sam Source: PerthNow PETS are increasingly at the centre of tug-of-war battles between separating couples. And many mistakenly think the Family Court can help resolve pet custody disputes. The trend has emerged in research by law firm Slater and Gordon. A family lawyer of 30 years, Heather McKinnon said pets were moving up the ranks of hotly contested "assets" in a break-up. "We're increasingly seeing pets being raised as an issue in separation and this is reflected in our research, which indicates nearly one in 10 Australians have lost possession of a pet in a relationship breakdown," she said. About 15 per cent of WA survey participants wrongly believed the Family Court would make shared-custody arrangements for their pets. "People often feel that pets are like children, but to a court they are generally treated as property," Ms McKinnon said. Particularly in childless marriages, the animals are really important and people find it difficult to understand why the court can't deal with the emotional attachment. Ms McKinnon said it was particularly common in younger marriages where IVF had failed or in second marriages between older partners who didn't have children at home. "The pets represent the family," she said. They've had animals that have replaced the child they couldn't have. Ms McKinnon said she had drawn up a consent order for a childless couple to share their dog, week on, week off. She also worked on a case in which the mediator brought the dog into the room and got each spouse to call it. Ownership was awarded to the spouse the dog went to when called. Relationships Australia counsellor Rob Tiller said pets were sometimes used as leverage during breakdowns or became shared property. "You're talking about really strong emotional bonds that get formed over time and so it's not just `You keep the lounge room furniture and I'll keep the bed'," he said. Ms McKinnon and Mr Tiller agreed the courts should not get bogged down in deciding custody arrangements for pets. But, they said, those working in the family law system did need to show compassion in such circumstances. We have to understand the grieving process and not laugh when they say 'I want that dog'. You've got to understand why it's so important to them," Ms McKinnon said.