Valdivia Court Overturns Shared Custody Ruling for Cat, Prioritizing Animal Welfare

Original article: «En razón del bien animal»: Corte de Valdivia revoca sentencia que ordenó tenencia compartida de un gato a pareja que terminó su relación

The Valdivia Court of Appeals has rejected a lawsuit for shared custody of a cat that was adopted by a couple. Following their breakup, the cat remained in the care of the defendant, who is registered as its owner in the National Pet Registry.

In a unanimous decision, the First Chamber of the appellate court – composed of judges Samuel Muñoz Weisz, Marcela Araya Novoa, and Óscar Castro Allendes – overturned the contested ruling issued by the Second Civil Court of Osorno, which had ordered the couple to share custody of the feline alternately, one month at a time.

In its reasoning, the court initially stated that «it should be noted that the category of movable, sentient goods, as defined in the Civil Code, particularly concerning domestic animals, reflects a paradigm shift in how these beings are perceived in their relationships with humans. New regulatory frameworks recognize that animals are sentient beings.»

«That is to say, they are capable of feeling pain, pleasure, and emotions, and thus, they are sensitive living individuals deserving of different treatment. Accordingly, they should not be understood as mere objects of dominion or property under Article 582 of the substantive code, but rather as individual living realities with self-awareness and environmental consciousness,» the ruling adds.

«In summary, they are intelligent beings, which is why they are subjected to a legal protection system that is justified by their status as living beings,» the ruling emphasizes.

The court concludes that «animals are entities worthy of legal protection, not mere subjects of absolute property rights. Therefore, the focus of the discussion should not be on how to exercise dominion over them, but rather on how or in what manner the duty of protection and safeguarding that falls upon their guardians is fulfilled, prioritizing the welfare of the animal and not of the owner themselves».

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