The Granada judge who on Tuesday night provisionally suspended the delivery of Juana Rivas’s youngest son to his father considers that the little boy’s testimony is “serious and convincing” in relation to the “fear” he feels for his safety and the “extreme danger to his physical integrity” that he said he would suffer if he returned with his father to Italy, where he is being investigated for allegedly mistreating him.
This is what the magistrate of the Investigative Court number 4 of Granada, Susana Álvarez Civantos, expresses in the order in which last night, on duty, she agreed to the provisional suspension of the delivery of the minor agreed by the Court of Appeal of Cagliari for this Wednesday, January 8 after spending the Christmas holidays with his mother in Spain.
The judge made this decision after listening to the child’s testimony and in line with what both the Granada Prosecutor’s Office and the legal representation of the mother, Juana Rivas, had requested, with the aim of protecting the minor, according to the order, consulted by Europa Press and against which there is an appeal.
Investigated for abusing his children
The instructor states in the letter that the father, the Italian Francesco Arcuri, is listed as being investigated in his country for allegedly “having mistreated his children (….) habitually subjecting them to physical violence, humiliation, insults and threats, causing them serious states of anxiety and fear.” This is stated in the resolution issued for this purpose by the Attorney General’s Office of the Republic in the Court of Appeal of Cagliari and which was submitted to the Granada court.
The instructor considers the story of Juana Rivas’s little son to be serious and convincing, having expressed the situation of fear for his safety and extreme danger that he feels he will suffer in the event of his return to his father,” all of this referring to the content of the examination carried out on the small in which he expressed that “he is very afraid and that he cannot return.”
Thus, in view of the documentary provided, the examination of the minor and the interest of the Prosecutor’s Office and, “given the emergency situation” that exists, the instructor agreed on Tuesday night “for the immediate protection” of the child by suspending provisionally its delivery to the father. To do this, it is based on the Hague Convention and other existing regulations in order to prioritize the “best interests of the minor.”
“Despair and risk”
The decision is in line with what was requested by Juana Rivas’ lawyers. This party presented a document to the court asking for the child to remain in Spanish territory and continue to reside with his mother and brother in the home where they spent the Christmas holidays. The other option is for him to be provisionally delivered to a child protection center due to the situation of “desperation and risk” that, according to what they stated, exists for him if he returns to Italy.
The judge on duty has recused herself in favor of the Court of Violence against Women number 2 of Granada, which must now decide whether it is appropriate to take on the procedure, given that it already contained a complaint of mistreatment filed by the mother. That complaint is currently archived, but the archiving decision is not final as it has been appealed for reform before the Violence Court itself.
Source: www.eldiario.es
