Brazil changes laws allowing separated couples joint custody over pets

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Olivia Ireland

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Separating couples in Brazil will be able to share custody of their pets after the country’s congress passed new laws.

Lawmakers in the Brazilian Congress on Tuesday viewed the law change as a reflection on the importance people place on their pets.

Under the new laws, 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”.

Currently, the country of 213 million people has about 160 million pets, according to the Instituto Pet Brasil.

For the law to apply to separating couples, the animal must have spent the majority of its life with the pair.

Shared custody will not be granted in cases of prior criminal records or a history or risk of domestic violence.

Members of the congress said there had been an increase in pet custody disputes in courts, while noting the law responds to “changes that have occurred in Brazilian society in recent decades,” according to a statement accompanying the law.

The statement added that couples with fewer children tend to have closer relationships with their animals, “often considered true family members”.

Currently in the UK, dogs are legally seen as inanimate objects akin to cars, houses or other personal items, meaning custody cases come down to determining who the sole owner is.

In 2014, France changed its law so pets were considered “living and feeling beings” rather than “moveable goods”. That change meant couples would be able to fight for shared custody in divorce cases.

Australia currently has no legislation on how the courts should navigate living arrangements for pets after a breakup.

The most recent example of a pet being given joint custody was in Spain in 2021. A judge 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.

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