In brief
Brazilian lawmakers have passed legislation that enables courts to decide on joint custody of pets for separating couples, acknowledging the significant bond many people have with their animals. The law addresses the growing number of pet custody disputes in the country, where approximately 160 million pets are owned. This change marks a shift in the legal perception of pets, aligning more closely with family dynamics, as it permits judges to enforce shared custody and equitable distribution of maintenance expenses in situations where couples cannot agree. However, the law includes stipulations to ensure that pets have spent most of their life with the couple and excludes parties with a criminal record or domestic violence history.
Courts in Brazil will be able to determine shared custody arrangements for the pets of separating couples under new laws. Lawmakers in the Brazilian Congress viewed the law change as a reflection of the importance people place on their pets.
The legislation means that, 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 in which one of the parties has a prior criminal record, or a history or risk of domestic violence. Members of 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 break-up.
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.
