The Granada Court orders a case to be opened against Juana Rivas for the abduction of her son
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| The Granada Court orders a case to be opened against Juana Rivas for the abduction of her son. |
Accepts a portion of Arcuri's appeal, which was filed the day before the return ceremony for the 11-year-old boy. Orders the admission of Archuri's complaint against Juana Rivas for processing by Granada's Investigative Court No. 4, which had previously rejected it, and the beginning of proceedings for the crime of child abduction. The Granada Court has partially admitted Francesco Arcuri's appeal against the dismissal of his complaint accusing his ex-partner, Juana Rivas, of child abduction and has agreed to investigate her for failing to facilitate the return of his youngest child to Italy.
The ruling, to which this newspaper has had access, admits the appeal filed by Arcuri against the decision of the 4th Court of Instruction of Granada , which, last May, dismissed her complaint against Juana Rivas for child abduction and habitual abuse in the family environment, seeing no evidence of the crime of abduction of her youngest son, Daniel, since the judge considered that the precautionary measure issued in January 2025 was in force, which allowed Rivas to not have to hand over her son to Arcuri . This precautionary measure was issued after the judge heard the boy.
However, the Provincial Court of Granada has agreed to investigate the crime of child abduction, believing that Juana Rivas is violating the order issued by an Italian court in February to facilitate the child's return to Italy with his father, who has sole custody. The ceremony to hand the child over to his father was postponed last Tuesday due to the 11-year-old boy's crying and clear opposition to leaving with a father he claims to fear. The Court understands that the precautionary measure protecting Juana and her son lapsed in February 2025 when the Italian court granted sole custody to Francesco Arcuri. For this reason, the judge at Court of Instruction No. 4 should have admitted Arcuri's complaint for child abduction.
The Court did not accept Arcuri's appeal regarding the abuse crime because the mother did not intentionally cause the minor psychological harm.
