[Animals] Animal abusers can lose custody of their children

[#Wittels-]

Since January 5, animals have ceased to be considered "things" in Spain to become "living beings endowed with sensitivity" and members of the family at the legal level

On January 5, Spain took a great step forward in the defense of animal rights by entering into force the legal reform of the Civil Code, the Mortgage Law and the Law of Civil Procedure by which pets such as dogs , cats, birds and other pets will be considered "living beings endowed with sensitivity". Pets, which until now were considered things, will now be taken into account as one more member of the family at the legal level. The new law 17/2021, of December 15, adapts the Civil Code to the true nature of animals and the relationships of coexistence that are strengthened between them and human beings.

 

In addition, this reform in the advancement of the rights of animals and pets implies that people who have been convicted or have an open process for mistreatment of an animal may lose custody of their children in the event of separation or divorce, as They explain remember the family lawyers.

 

"The concurrence of mistreatment of animals and gender-based violence and child sexual and abuse is very important, in the sense that the care and custody of children is limited if there was a history of animal abuse," explained the president of the Spanish Association of Family Lawyers (Aeafa), Mariló Lozano.

 

Thus, he specified that "he cannot realize a situation of violence against children or against the couple, but animal abuse is a form of violence against the family." In this way, if a person abuses and kills their pet, this would be "a total bar to having custody of their children or joint custody" in a separation or divorce case.

This change is included in the reform on the legal regime of animals, which came into force this Wednesday, January 5, and by which animals are no longer considered "things" to be recognized as "sentient" living beings.

 

The reform affects the Civil Code so that the welfare of the animals must be taken into account in the separation or divorce processes when specifying the regime of coexistence, custody, care of these, visitation regime and the judge will be the in charge of deciding who to deliver their care to based on their well-being.

From the Association of Family Lawyers they point out that this modification is not going to suppose "a greater burden" for them but rather they understand that it is "a new perspective that must be addressed" because "companion animals are very loved beings" in the family

 

"Being able to regulate what happens to animals is a constant concern in families with pets. Therefore, I believe that this is an advance that places us with the European legislation in our environment", the president of Aeafa has valued.

 

In any case, he specified that, prior to this law, it was already "usual" for the possession of pets to be regulated in separations or divorces by mutual agreement and, normally, it was decided that the pet was "in the same length of stay with the children", regardless of who was the owner.

What was not introduced, according to Lozano, is "how to distribute the time of coexistence or how to assume the expenses" that the possession of the animal supposes in the contentious processes.

 

Now, with this new law, it is introduced, as a measure related to the processes, whether there is mutual agreement or not, the ownership of animals, the distribution of their coexistence, the responsibilities of care or veterinary or food expenses.

As for the animals that are considered companions, Lozano points out that the casuistry is wide since pets can range from dogs and cats, the most common, to fish, guinea pigs, parrots, reptiles, turtles or even horses.

 

Link: https://www.informacion.es/vida-y-estilo/mascotas/2022/03/24/animales-domesticos-maltratadores-perder-custodia-hijos-61342450.html