Original Article: https://blog.theanimalrescuesite.greatergood.com/judge-grants-joint-custody-of-dog/

When a couple separates or divorces it can be especially hard on the children, including four-legged ones.

As we all know, dogs are more than pets. They are members of the family and form close bonds with their people, but their feelings are rarely considered by a judge. Sadly, most countries still view dogs as property and the person who can prove they “own” the dog keeps it.

However, a judge is Spain made a rare ruling that viewed a dog as a sentient being not property.

A separated couple appeared in court for a custody hearing for their beloved border collie named Panda. The couple adopted the dog during their relationship and lived together for over a year before deciding to part ways. But neither person could imaging their life without Panda.

Lola García, lawyer who specializes in animal rights, took a different approach when arguing for the plaintiff. She referenced the 1987 European Convention on the protection of companion animals instead of the Civil Code, which still views dogs as property.

“What is novel is to be able to use the convention to avoid having to define the pet as a shared thing or property and instead to focus on the animal’s welfare, the emotional bond and the shared responsibility of taking care of an animal, beyond the pet being considered a property,” Garcia told The Washington Post.

She presented the adoption papers (with both names), veterinary bills, and a family photo to argue her case. She said, “the three are seen as a family, exactly the same as if it were a family photo with children.”

The judge decided both are “jointly responsible” and “co-caretakers” of the dog, reports Spain’s RTVE. Both were responsible for caring for the dog during the relationship and family photos prove that both have an “affective bond” with the pup.

The Madrid court ruled the couple will share joint custody of Panda who will alternate between homes on a monthly basis.

The monumental ruling is a step in the right direction for animals.

New legislation recently introduced in Spain could change the way animals are viewed in Civil Code. If passed, animals will no longer be considered things but as beings “with the capacity to feel and suffer” and “as subjects of law,” states Garcia.

According to Animal Legal Defense Fund, California, Alaska, and Illinois have passed legislation that offers “guidance to courts regarding the interests, well-being, or care of companion animals in divorce proceedings.”

Source: The Animal Rescue Site Blog