[Trending News] A Court of Granada is inhibited in favor of Italian justice in a complaint of ill -treatment to the youngest son of Juana Rivas

A Court of Granada has been inhibited in favor of the Italian courts in the case of a complaint for ill -treatment against Daniel, the 11 -year -old son of Juana Rivas and Francesco Arcuri, presented by the mother and brother of this, Gabriel against his father. The Court indicates that the facts subject to investigation allegedly took place in the family home in Cagliari (Sardinia, Italy) where the minor resides with his parent when he has attributed the guard and custody by judicial resolution. These facts were denounced both in Spain and in Italy and is still in process in Cagliari.

The inhibition car also maintains the precautionary measure taken by a judge provisionally on January 7 and that allowed the child to remain in Spain with his mother and not return to Italy, as the father protected by a judicial decision of a Cagliari court claimed . This decision, however, is dated prior to that of an appeal court of that same island that recently decided to grant Daniel's definitive custody to his father, ordering the return of the minor, who continues in Spain, to the paternal residence. Juana Rivas's lawyers have appealed this resolution and it will be the hearing of Granada who settles it. If the decision is confirmed, the entire judicial file will be sent to the Court of Cagliari once translated into the Italian language.

According to a statement made public by the Press Office of the Superior Court of Justice of Andalusia, the Court of Instruction number 9 of Granada assumed this cause for cast decided by the Deanery of the Courts of Granada once the Provincial Court of Granada resolved that There was no reason that prevented the titular magistrate of this body assuming the procedure. Juana Rivas's lawyers have challenged in recent weeks several holders of the judicial bodies of Granada, among others, the judges of the two courts of violence over the woman of the capital of Granada.

The January 7 decision to allow the non -return of the minor with his father, explains the press release, was based on article 30 of the European Union Regulations, which empowers the judicial authorities of a European country to adopt urgent measures and provisional on events that occurred in another European state that suppose ill -treatment to a minor “to protect the minor of a serious risk.” In this order known today, but dated 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 the Fund of the matter having occurred 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 reality at this time is that the competent court, the appeal of Cagliari, has issued that the child must return with his father.