The district court Munich has made in a unusual custody dispute a verdict: After a divorce was not about the common children - but two Bobtailmischlinge. And they remain according to the decision now with the owner, as the court announced.
The animals thus remain in the place where they have lived since the separation in late 2017. The claim of the Frauchens to release at least one of the two dogs was rejected. She had stated that she had mainly cared for the two animals in the marriage.
A dog was "in the context of separation and divorce, although in principle as 'household items' to classify," said the judge in charge. "But it has to be considered that it is a living thing." For reasons of animal welfare, it is therefore decisive to whom the animal has established a relationship and who its main reference person is.
In the specific case she ruled: "There are no indications that the dogs were not well looked after by the restitutor." Therefore one would not have to expect them to "change the environment again". According to the court, the applicant's complaint was rejected in August. The judgment is therefore final. (Learn more about the topic here.)
File number: 523 F 9430/18