[Trending News] A court of Granada again prevent the return of Juana Rivas' son and leaves the case of abuse in the hands of Italian justice

The Court of Instruction No.. 9 of Granada has decided to be inhibited in favor of the court of Cagliari in The complaint for abuse filed by Juana Rivas and her eldest son against the child of the child, but will keep the precautionary protection measure that until now has allowed the child to keep his mother and his brother in Spain. The Court argues, according to sources from the Superior Court of Justice of Andalusia, that the decision of Leave in the hands of Italy deliberation It is because the facts investigated occurred at the family home in Cagliari, where the little one resided with his parent, who also has attributed the guard and custody.

Despite inhibition, The court has decided to maintain the provisional measure of protection and not return from the child to Italy until the country's courts are pronounced. This decision was initially adopted on January 7 by a court on guard and It has the support of the Fiscal Ministry.

The case was assumed by the Court of Instruction No.. 9 of Granada after being assigned by castafter the Provincial Court resolved that there was no impediment for the titular magistrate to process the procedure.

The precautionary measure of suspension of the child's return was taken after Listen for the first time to the creature in Spain and was based on article 30 of the European Union Regulations. This standard allows the judicial authorities of a country to adopt urgent and provisional provisions to protect a minor at risk, even if the events have occurred in another Member State. The little one can express his “Fear” for having to return with his father And the Granada court gave credibility.

The appeal filed by the plaintiff against the inhibition has been rejected by the Court of Granada, while it is still Waiting for the Granada audience to resolve the appeal. In case of confirming the decision, The judicial file will be sent to the court of Cagliari once translated into Italian.

“We have already appealed the decision that the case is sent to Italy without being applied in Spain The crime of vicaria violence. We have also said that we are going to resort to the civil judgment of Cagliari. The previous civil judgment, with similar arguments and the same experts, was annulled by the Italian Cassation Court, “he explained Carlos AránguezRivas lawyer.