After the Court of Violence against Women number 1 of Granada filed the complaint for gender violence vicaria filed by Juana Rivas Against his ex -partner, the Italian justice has granted the Italian Francesco Arcuri (the father) complete custody of the youngest son of both.
Thus, according to the first information available, Rivas could only see his son in Sardiniaplace of residence of the father.
The ruling of the Cagliari Appeal Court, to which EFE has had access, stressed that the custody of the minor falls to the father, who will exercise it “exclusively” and with whom the minor must live.
He has also ordered the mother to “immediately” restore him in his place of residence, in Carloforte, and limits the exercise of your right to be with the slightest to see it regulated and in Sardinia.
Rivas will resort against custody to the father of his youngest son
Juana Rivas’s defense will resort to the decision of the Court of Appeal of Cagliari, which in the civil family process that affects her youngest son has decided to give exclusive custody to the father and order the return of the child to Italy with him, which which It will not happen at the moment by virtue of the precautionary measure of protection issued in the criminal field in Spain at the end of the last Christmas period.
This has pointed out in a press release the Office Aránguez Abogados, who has considered “inexplicable” the positioning that the Italian Court exposes in its decree, which is not firm, and has exposed the reasons why it will present appeal.
Part of the base that “is unheardespecially being a minor, than a victim You must live with your alleged aggressor“And to separate an eleven -year -old boy from his brother who,” after reaching 16 and denouncing his father for mistreating him, he decided to move to Spain to live with his mother. “
According to Rivas’s defense, “this new decision violates the sentence issued by the Italian Cassation Courtthat radically annulled the previous judgment of instance that also granted custody to Arcuri “, and pointed out that” the brothers must live together “and that” the best interest of the minor must prevail above any other. “
Also, they continue from Aránguez lawyers, which “to be fulfilled European regulations on gender and domestic violenceso that nothing can be established on custody without taking into account the episodes of violence, clearly existing in this case. “
In any case, they conclude, “Juana Rivas will fulfill any instruction of the Spanish jurisdiction over the minor, which is what must decide on their protection”, while both “are in Spain.”
Irene Montero appeals to the Hague agreement
The Eurodiputada of Podemos Irene Montero has indicated that the Government of Spain “must comply” the ‘Convention on the Rights of the Child’ and apply the exception of the ‘Hague Agreement’, “Denying the delivery” of Daniel, youngest son of Juana Rivasto his father.
The one who was Minister of Equality is committed to denying Daniel’s delivery to his father, the Italian Francesco Arcuri, To “protect you from serious danger– recognized by the Spanish justice- that means returning with his father. “
The child has remained with Maracena’s mother (Granada) from Christmas dates and Arcuri had also denounced his ex -partner before the Italian courts for minors’s abduction After expiring the period of January 8 set by the Court of Appeal of Cagliari so that his little son returned to Italy after passing the Christmas holidays with the mother in Spain, since he had the guard and custody.
