Chile's Supreme Court has issued a unanimous decision in a custody dispute involving a cat named Perseo, establishing that the animal's welfare is more important than the interests or rights of its owners. The court ruled that requiring the pet to travel monthly between two former partners would be unreasonable, characterizing Perseo as a sentient being whose well-being must take priority.
Although Chile's Civil Code technically classifies animals as movable property under community ownership laws, the five judges on the highest bench determined that protecting the cat warranted a higher standard. Local media have described the verdict as an unprecedented precedent in the field of animal protection. The court specifically granted exclusive care rights to the woman from the former couple, thereby upholding a previous ruling by the Valdivia Court of Appeals.
The dispute originated after the man and woman acquired Perseo together in 2021 while they were still a couple. Following their separation, the man sued his ex-partner, challenging her exclusive possession and demanding alternating care for the pet. In the first instance, the man won, securing shared custody with monthly handovers reportedly scheduled to take place at a police station.
The woman appealed this initial decision and succeeded, prompting the man to appeal again, which brought the case before the Supreme Court. The justices concluded that joint ownership was not the decisive factor in this matter. Furthermore, they noted that the high level of conflict between the parties made it impossible to guarantee the well-being of the house cat within a shared custody framework.
Sources: Der Spiegel.