From the BBC:
“Spain grants joint custody of
dog in rare ruling”
A judge in Spain has granted
joint custody of a dog to a separated couple who went to court to determine who
the pet should live with. The Madrid court considered that both parties were
"jointly responsible" and "co-caretakers" of Panda the dog.
A lawyer who brought the case to court said it was a "pioneering"
ruling. Spain is currently drafting new legislation so that animals are no
longer considered objects and are legally recognised as living beings. This
status would make it easier for a partner to request joint custody of a pet
following a breakup. But Lola García, from the Law & Animals law firm,
brought this case to court under the 1987 European Convention for the
Protection of Pet Animals, which Spain ratified in 2017. She said it was a
"pioneering ruling" because her client was able to declare herself
not as a "co-owner" of Panda but as "co-responsible" and as
a "co-carer". Panda's adoption contract, veterinary bills and
photographs where "the three are seen as a family, exactly the same as if
it were a family photo with children" were submitted as evidence, Ms
García said, according to RTVE. The judge ruled that "the evidence in the
proceedings reveals an affective relationship between the plaintiff and the dog
that is worthy of legal guardianship". Panda will now alternate between
the two partners for a month at a time.
Dog custody laws around the
world In the UK, dogs are legally seen as inanimate objects akin to
cars, houses or other personal items. Custody cases come down to determining
who the sole owner is. In Australia, there is no legislation as
to how to courts should navigate living arrangements for pets after a breakup.
France changed its law in 2014 so that pets were considered "living
and feeling beings" rather than "movable goods". The new status
meant that couples could fight for shared custody in divorce cases.
^ This is an interesting law. I
don’t know how it will be enforced though. I think every single country and
territory should make dogs, cats and other pets a separate legal provision than
what many places currently have (making them inanimate things.) ^
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