Divorced couple’s dog is legally a family member and must be treated like a daughter, court rules: Colombian owner wins legal visitation rights after pet suffers emotional trauma after divorce from wife

The separation from her two owners was too much for a family dog: she waited for days for her owner to visit her, but he had to leave after a few hours.

The family home that the dog, affectionately known as Simona, knew for the first few years of her life changed forever when her owners Jader Castano and Lina Ochoa decided to divorce in 2021.

Lina had sole custody of Simona and refused Jader, a Colombian university rector, guaranteed visits to see and play with the dog, whom he affectionately called his “Hija Perruna” or “dog child.”

This meant Simona had to wait weeks to see her beloved Jader again – and the belly rub never lasted long enough before her boss had to move away from her.

Jader believed that Simona was “emotionally affected” every time their meetings ended and that even after losing the dog during the divorce, the director became depressed – so much so that he could not eat a meal due to grief, according to court documents.

After months of grief, Jader decided to do something about it and took the matter to court in the hope of being able to see Simona on pre-arranged and guaranteed visits.

And judges at Bogota’s Supreme Court ruled last month that the dog should legally be considered his “daughter” and treated as a child in divorce proceedings. It was the first case of its kind in Colombia.

Jader sued his ex-wife for denying him planned visits with Simona, on the grounds that the dog was part of the “nuclear family” and that they had a “bond of affection”. He said both he and the dog were hit hard by the separation and the lack of regular visits.

Before Colombian judges, the lawsuit demanding regular visits was defeated by a broader question: Should Simona be treated like a family member?

Her answer was “yes” – and the judges ruled Simona was a member of the “multispecies” family before the divorce.

“In the present case it must be emphasized that the plaintiff [Jader] Simona sees Simona as his daughter and Simona also gets a reaction due to Jader and Lina’s divorce.

They ruled that Jader is now entitled to regular, scheduled visits with his beloved dog Simone, who, according to the judges, has also suffered emotionally following the breakdown of the marriage.

In 2016, Colombian judges ruled that animals are not objects that people can easily transport, but rather living beings with feelings.

The court also ruled that owners must ensure the emotional and physical well-being of their pets and protect them from pain.

But the recent ruling went much further, declaring that pets can be considered family members — and should be treated as such.

According to the Harvard Review of Latin America, animal and pet rights have been enshrined in the laws of countries across Latin America in recent years.

“Latin American legal systems are at the forefront of considering animals as members of the family. “With a global shift in attitudes toward animals in Western societies, many people now recognize themselves as part of a multispecies family,” wrote the Harvard Review.

In Peru, a court ruled in 2018 that a three-year-old pig named Petunia is a member of the family and should not be separated from its owners.

The local authority said the pig posed a public health risk and should be moved to a farm, but the family disputed this in court, saying they had formed a strong bond with Petunia and considered her a member of the family. The court ruled in her favor and Petunia continued to live with her family.