The Provincial Court of Granada will now decide on the future of Daniel, the youngest son of Juana Rivas. The Court of Instruction 9 understands that, after the precautionary measure that continues in Spain, the case is complex and is inhibited in favor of the Provincial Court. In any case, according to Rivas’ lawyers, the measure by which the minor remains in Granada is not suspended.
This decision was adopted after the case fell to the court, after the Investigating Court 4, after listening to the child, decided on January 8 that he should stay in Spain with his mother while it is assessed whether he is at risk. if he returns to his father.
In the order, to which elDiario.es Andalucía has had access, the judge considers that, due to the complexity of the case and the powers, it is necessary for the Provincial Court to determine the appropriate course of action. This decision implies that, while the question of jurisdiction is resolved, the suspension of the delivery of the minor is maintained.
Thus, another episode occurs in the long procedural journey that the case that decides on the future of Daniel, the youngest son of Juana Rivas and her ex-partner, the Italian Francesco Arcuri, who is being investigated for mistreatment, is undergoing. Now, the Court of Instruction 9 of Granada has decided to abstain from hearing the case of Juana Rivas, transferring the decision to the Provincial Court. The resolution maintains in force the court order that suspends the delivery of Daniel to his father, prosecuted in Italy for abuse and convicted in Spain for gender violence in 2009.
A long judicial journey
The process has gone through several courts so far. The Court of First Instance 10 of Granada was the first to refer the case to the Court of Violence against Women 2, which did not act at first when the titular magistrate was on vacation. As Daniel had to leave on January 8, the intervention of the Investigating Court 4, which was on duty, was requested, which was the one that issued a precautionary measure to suspend the delivery.
The chief judge of the Violence Against Women Court 2 inhibited herself when she did not see sufficient evidence of mistreatment and when she understood that her powers were exceeded when referring to events that occurred in Italy. Rivas’s lawyers consider the attitude of this judge a “shame”, which is why they have requested that she be removed from the case. Thus, the Court of Instruction 4 was the one that ended up issuing the precautionary measure. This, following the distribution rules, finally referred it to the competent Court, which was the 9th, which is the one that has decided to refer the matter to the Provincial Court for a final resolution.
Rivas’ lawyers clarify that, although it has been published in some media that Juana Rivas could be committing a crime of international child abduction, the woman from Granada has not received any complaint in this regard. They assure that, if they receive an accusation of this type, they do not rule out filing a complaint for false accusation and report.
Juana Rivas’s defense insists that, as long as there is a precautionary measure for the protection of the minor in force, both she and the minor must comply with the decisions of the Spanish judiciary, regardless of the procedures in Italy. Any conflict of jurisdiction will be resolved through the mechanisms provided by the European Union.
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