New Law Enables Shared Pet Custody for Separated Couples in Brazil
Separating couples in Brazil will now have the option to share custody of their pets following the passage of new legislation by the country's congress.
On Tuesday, lawmakers in the Brazilian Congress approved the law change, viewing it as a reflection of the significant value people place on their pets.
According to the new legal provisions, if a couple separates without reaching an agreement regarding their pet,
"a judge will determine the shared custody arrangement and the equitable distribution of the animal's maintenance expenses between the parties".
Brazil, a country with a population of approximately 213 million people, is home to about 160 million pets, as reported by the Instituto Pet Brasil.
For the law to be applicable to separating couples, the animal must have spent the majority of its life with both parties.
However, shared custody will not be granted in cases where there is a prior criminal record or a history or risk of domestic violence.
Context and Societal Impact
Members of congress highlighted an increase in pet custody disputes in courts and noted that the law addresses
"changes that have occurred in Brazilian society in recent decades,"as stated in the accompanying law statement.
The statement further explained that couples with fewer children tend to develop closer relationships with their animals,
"often considered true family members".
International Perspectives on Pet Custody
In comparison, the United Kingdom currently classifies dogs legally as inanimate objects similar to cars, houses, or other personal property, meaning custody cases are decided based on sole ownership.
France revised its legislation in 2014 to recognize pets as
"living and feeling beings"rather than
"moveable goods,"enabling couples to contest for shared custody during divorces.
Australia presently lacks legislation guiding courts on pet living arrangements following a breakup.
Recent Examples of Joint Pet Custody
A notable recent case occurred in Spain in 2021, where a judge granted joint custody of a dog to a separated couple who sought court intervention to decide the pet's living arrangements.
The Madrid court determined that both parties were
"jointly responsible"and
"co-caretakers"of Panda, the dog in question.
