The Court of Instruction number 4 of Granada, on duty, has agreed this Tuesday provisional suspension of the order of the Italian justice for the youngest son of Juana Rivas to return to Italy with his father, Francesco Arcuri, who has custody of the child.
According to sources from the Superior Court of Justice of Andalusia (TSJA), the investigating court has suspended the return of the minor to his father which had been ordered, with a maximum date of this Wednesday, January 8, by the Court of Appeal of Cagliari, the equivalent of a provincial hearing.
The decision of the judge on duty had been requested by the Granada Prosecutor’s Office and the legal representation of the mother, Juana Rivas, and has been adopted with in order to protect the minor.
Before making the decision, the judge on duty and the prosecutor listened to the ten-year-old minor during an examination held in judicial offices.
The judge has recused herself in favor of the Court of Violence against Women 2 of Granada, which must now decide whether it is appropriate to take on the procedure given that it already contained a complaint of ill-treatment filed by the mother.
That complaint is currently filed but the decision to file is not final since it is being appealed in reform before the Violence Court itself.
The arrival of the minor to Spain
The minor arrived in Spain on December 22 with a special permit to visit her mother and her brother, who has lived with her since she turned 18.
These vacations have served to formalize several complaints in which Juana Rivas has returned to accuse her ex-husband of sexist violence.
Furthermore, the minor has reported, according to Rivas’s legal team, that Arcuri has subjected him to repeated episodes of abuse and that he fears returning with him to Italy after having told in Spain about the violence he suffers.
Juana Rivas was sentenced to five years in prison for two crimes of child abduction for disappearing with her children, in the summer of 2017, to prevent them from returning to her ex-partner, whom she reported for abuse.
The Supreme Court partially upheld the appeal of this Maracena neighbor and reduced her sentence by half considering that, although there were two minors stolen, she committed a single crime.
Rivas received a partial pardon by which the Supreme Court commuted his final sentence to 180 days of work for the benefit of the community and a positive parenting course, a grace measure that did not eliminate his record in the Italian justice system.
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