Law 17/2021, of 15 December, introduced amendments to the Civil Code, the Mortgage Law and the Civil Procedure Act, establishing that animals are not things, but living beings endowed with sentience.
The 2021 reform incorporated article 94 bis into the Civil Code, which allows judges to decide on the custody of companion animals based on the interests of family members and the animal’s welfare, regardless of who appears as the owner. Similarly, articles 90 and 91 were amended to include the possibility of establishing in the regulatory agreement the regime for cohabitation and care of pets. Likewise, Art. 771.2 of the Civil Procedure Act allows requesting such petitions in the pre-action provisional measures prior to the lawsuit.
Since the entry into force of the reform, the courts have begun to apply these provisions in their decisions. For example, Court of First Instance No. 68 of Madrid imposed compensation on a man for prohibiting his ex-partner’s visits to the dog they shared, recognizing the moral harm caused.
In Santander, Court of First Instance No. 7 agreed on co-ownership and shared custody of a Belgian Shepherd dog between a former couple, establishing fifteen-day rotations and an equal division of expenses.
Despite the progress, questions remain in the practical application of shared custody of animals:
At Bulit y Serra Abogados, we offer expert advice in drafting regulatory agreements that include the custody of companion animals, as well as legal representation in related contentious proceedings. Our team is prepared to address the legal and emotional complexities involved in pet custody, guaranteeing solutions that respect both the rights of individuals and the welfare of animals.
If you are facing a situation of this type and need specialized legal guidance, do not hesitate to contact us.
Expertos en derecho civil, penal y recursos de casación. También gestionamos pensiones, incapacidades y prestaciones sociales. Asesoramiento cercano y soluciones efectivas para tu caso.
