PROPERTY SEARCH
PROPERTY SEARCH
ARCHIVED - Spanish courts may deny child custody to animal abusers
An update in the Civil Code in Spain will completely alter the status of pets
A change to the Spanish Civil Code in the coming weeks will completely change the legal status of domestic animals, labelling pets as “living beings endowed with sensitivity” rather than recognising them simply as “things”, which is the case at the moment. Rather than merely being a case of semantics, however, the alteration will have far-reaching implications which will even affect divorce proceedings and child custody battles.
The reform was passed on Tuesday October 5 by the Congress of Deputies and the most dramatic change will see judges taking pets into account in a range of ‘matrimonial crises’. Courts in Spain will now be allowed to make a decision on who is best placed to care for an animal when a marriage breaks down or when an owner dies, and most importantly, a judge will be permitted to deny custody to a parent who has been charged with a crime of animal abuse.
The new reform draws attention to the strong correlation between the mistreatment of animals and domestic violence, and indicates that “guardianship and custody” will be limited in cases where there is a history of animal abuse.
Another addition to the Civil Code is the legal requirement for a person who finds a lost pet to return it to its rightful owner, unless there are well-founded indications of mistreatment or abandonment, in which case the matter must be brought to the attention of the relevant authorities. Anyone returning an animal to its owner will be entitled to expenses for its care.
While the proposed reform was passed with 22 votes in favour and 14 against, many politicians have argued against the measure, with Vox insisting that the changes override the current regulations by establishing a special status for animals in “private law relationships.”
Image: Archive
Contact Spanish News Today: Editorial 966 260 896 /
Office 968 018 268
