Common questions about the CACE Act.

The Companion Animal Custody Equity Act is Illinois Public Act 104-0613, enacted from HB 4540. It amends the replevin provisions of the Code of Civil Procedure to give courts express guidance in possession disputes involving companion animals.

Public Act 104-0613 takes effect January 1, 2027. The law was signed on July 24, 2026.

The Act addresses replevin actions involving companion animals. It expressly recognizes domestic partners, former partners, cohabitants, fiancés, and roommates when shared responsibility for the animal’s care can be demonstrated. A court may consider the animal’s well-being regardless of the parties’ legal status.

For this part of the Illinois replevin law, a companion animal is an animal commonly considered—or considered by the owner—to be a pet. The statute says this includes, but is not limited to, canines, felines, and equines.

The nonexclusive list includes daily caregiving, feeding, grooming, veterinary and training involvement, financial contributions, emotional bonds, stability of the living environment, safety, credible witness testimony, vulnerability, continuity of routine and care, and ownership documentation.

No single document is automatically controlling under the new factors. The Act specifically says ownership documentation may be considered but may not be determinative on its own. The court still exercises discretion based on the relevant evidence.

Yes. In a replevin action involving a companion animal, a court may issue temporary possession or caregiving orders—including limited visitation—if needed to reduce stress or disruption to the animal.

For companion animals age 10 or older, a court may give additional consideration to continuity of environment, emotional stability, stress minimization, and maintenance of established routines.

Yes. The Act allows a court, when appropriate, to order mediation over issues related to companion-animal possession.

No. The General Assembly expressly stated that the Act supplies guidance for companion-animal possession disputes while preserving existing property-law principles.