Today we share a recent appearance in the media.
Specifically, it is an interview in relation to the future amendment of the Civil Code so that pets are considered not as movable property, as until now, but as beings endowed with sentience.
As I explained in an interview for Onda Cero, this will prevent, among other things, that pets can be treated as objects that can be seized in case, for example, of debts of one of the owners. In addition, in the event of divorce or separation, instead of treating pets as objects, their welfare should be taken into account when deciding who they spend time with, regardless of who the owner is.
In the interview I also comment that, throughout my experience, I have mostly come across divorces of mutual agreement where we have included in the regulatory agreement a shared tenancy of the pet, always taking into account the welfare of the family and the animal.
Therefore, in case of shared custody with minor children, it is possible that the pet also moves with the children during the period in which it corresponds to be with each parent.
On the other hand, at present, in the event that one of the parties is not the owner of the pet, there would not be a regime of enjoyment of the pet in its favor.
If this reform finally materializes, we will have to see how the judges will resolve in the future in cases of discrepancy on the shared custody of the pet, and what formulas are created to resolve these cases.
From this space we thank Onda Cero again for their interest in investigating this important reform that may represent a before and after in the regulation of the pet custody regime in case of separation of the couple.
You can listen to the interview in the following link: https://www.ondacero.es/programas/julia-en-la-onda/programas-completos/julia-onda-31082021_20210831612e64b94a4cff0001b61c50.htmlSi need help from a family lawyer in Barcelona for any case related to custody and guardianship, contact us without obligation.
