The Court of Instruction number 9 of Granada has agreed to leave in the hands of the Court of the Italian city of Cagliari the complaint for ill -treatment filed by the mother and brother of the youngest son of Juana Rivas against his father, Francesco Arcuri. The Granada court considers that the facts subject to investigation allegedly took place in the family home in Cagliari, where the minor resides with his parent when he has attributed the guard and custody by judicial resolution.
The Court maintains, however, the measure of provisionally suspending the return of the child to Italy, which decided on January 7, a guard court. Both decisions have had the support of the Fiscal Ministry and have already been appealed in reform and appeal by the plaintiff, as reported on Thursday from the Superior Court of Justice of Andalusia.
The Court of Instruction number 9 of Granada assumed the cause for ill -treatment towards the youngest son presented by Juana Rivas and his elderly against his ex -partner, after he was awarded by distribution by the Dean of the Courts of Granada and then that the Provincial Court of Granada resolved that there was no reason to prevent the titular magistrate of this body from assuming the procedure.
Protect the child from “a serious risk”
That decision of the Court of the Guard of Granada was based on article 30 of the Regulations of the European Union, which empowers the judicial authorities of a European country to adopt urgent and provisional measures on events that occurred in another European state that involve ill -treatment of a minor “to protect the minor from a serious risk.”
In a car issued at the beginning of February by the Court of Instruction number 9, the judge agrees that “it is appropriate to send the case to the Court of Cagliari (Italy), which is the competent judicial body to hear from the bottom of the matter to the matter having produced there the facts that have motivated the permanence of the child in Spain. ”
The order recalls that article 31 of the same regulation establishes that the judicial body that approved the precautionary measure must be “declared an incompetent trade if a jurisdictional body of another Member State is competent to know the fund of the matter under this Regulation.”
The Court of Granada has already rejected the appeal filed by the plaintiff against the decision of inhibition and is still waiting for the Audience to resolve the appeal. If the decision is confirmed, the entire judicial file will be sent to the Court of Cagliari once translated into the Italian language.
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