"Pets Are Also Children"... Colombian Court Recognizes in Divorce Couple Lawsuit

Lawsuit Against Ex-Wife for Denying Access to Pet Dog After Divorce
Court: "Pet Dog Is a Legal Daughter... Has the Right to Meet"

A Colombian court ruled that the pet dog of a divorced couple should be considered a legal child.

On the 9th (local time), according to the American daily The Washington Post (WP), last month the Bogot? High Court in Colombia ruled in a lawsuit filed by Hader Alexis Casta?o, a dean at a Colombian university, against his divorced ex-wife, demanding regular visits with their pet dog 'Simona.' This is the first ruling by a Colombian court recognizing animals as family members.

Casta?o, who filed the lawsuit, claimed that after divorcing his ex-wife Lina Maria Ochoa in 2021, he was unable to see their dog Simona and often suffered from indigestion and other symptoms due to sadness. He requested his ex-wife to allow him to see Simona regularly, but after being refused, he filed the lawsuit last year.

The photo is not related to the specific content of the article. [Image source=Pixabay]

During the lawsuit, Casta?o argued that the dog is a family member and that both he and the dog were negatively affected because his ex-wife prevented meetings after the divorce. He also added that Simona was emotionally affected by not being able to see him after the divorce.

In response, the court ruled that the dog Simona should legally be regarded as Casta?o’s 'daughter' and that this should be addressed accordingly in the divorce proceedings. Therefore, the court decided that since Simona was officially a member of this 'multi-species family' before the divorce, Casta?o has the right to regularly meet Simona, who suffered due to the divorce.

Previously, in 2016, a Colombian court ruled that animals are not human property but living beings with emotions. Later that year, the court also ruled that humans have the responsibility to protect animals from pain and to prevent environments that could cause fear or stress to them.

WP reported that the court handling Casta?o’s lawsuit considered these past rulings and judged that preventing Casta?o from meeting Simona was affecting the dog’s emotional well-being. According to the ruling, Casta?o will now be able to coordinate visitation schedules with Simona through family court.

There have also been rulings in European courts recognizing pets as family members in divorce cases.

In 2021, the Madrid District Court in Spain ruled to split 'custody' of a dog between divorced spouses, alternating care monthly. France also amended its laws in 2014 to treat pets not as movable property but as 'living and feeling beings,' allowing divorced couples to claim joint custody of their pets.

This content was produced with the assistance of AI translation services.