Daniel, the youngest son of Juana Rivas, has to return to Italy. That is the decision adopted by the Cagliari Court that decides on the custody of the youngest of the children that the woman from Granada has with her ex-partner, the Italian Francesco Arcuri, whom she accuses of uttering “mistreatment” and placing the child in “danger.” minor. As Rivas’s entourage confirms to elDiario.es Andalucía, they now hope that the Spanish Justice will adopt a precautionary measure that prevents the child from leaving with his father.
The judicial decision comes just a few days after Juana Rivas’s lawyers requested the Cagliari Court that the ten-year-old minor stay in Granada with Juana Rivas, since he is spending the Christmas holidays with her. They requested it because, they say, the minor has expressed the fear he has of Arcuri due to the threats and attacks he would have suffered from him. In fact, along with the petition, they attached a complaint for intimidating messages and threats not only against the child, but against Rivas herself.
For this reason, Juana Rivas’s lawyers requested at the end of December the Court of Violence against Women 2 and the Family Court 10 of Granada to apply article 15 of the Council Regulation (EU) 2019/1111 of June 25, 2019. This regulation, which regulates the jurisdiction, recognition and execution of resolutions in matrimonial matters and parental responsibility, also addresses international child abduction. With this request, they seek that the Spanish justice system adopt measures that allow Rivas’s youngest son to remain in Spain, preventing his return to Italy as a precautionary measure.
If a favorable decision is not made before Thursday, the minor must return to Italy, thus complying with the order issued by the Italian judicial authorities. The lawyers and those close to them continue to wait for a resolution that should arrive before this Tuesday at noon, without ruling out any scenario. From those around them they point out, in any case, that Rivas will abide by the judicial decisions that are adopted, but they remember that the Italian Prosecutor’s Office has already prosecuted Arcuri for alleged habitual mistreatment of the child.
Events that occurred in Spain
In this context, furthermore, Juana Rivas’s entourage assumes that Francesco Arcuri’s behavior in Spain should be considered a crime of gender violence due to the coercion and intimidation he has carried out. Since Arcuri traveled on the same plane as his son, without anyone knowing and, once in Spain, he sent intimidating messages to Juana, warning that he would intervene if he considered that his son was being psychologically abused.
These events, having occurred on Spanish soil, have led the lawyers to file several complaints for harassment and psychological violence during the Christmas holidays, including insistent telephone calls. Despite this, the courts of Malaga and Granada have dismissed the complaints presented by the Granada lawyers as they did not appreciate threats. While they wait for a response to the appeals filed, from those around Rivas, they trust that the Spanish justice system will apply community legislation and protect the minor, but they warn that, if not, they are studying carrying out other legal actions.
Precisely, it is worth remembering that in the document presented last week by Juana Rivas’s lawyers, the child expressed himself very harshly against his father: “Many times I think that I am going to die. “My father hits me, yells at me, swears at me.” These statements, along with a report from the Spanish police that describes the case as “high risk”, are the basis of the request that Rivas presented so that his son does not return to Italy and which they hope will have weight in the Spanish Justice system.
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