• Children.Juana Rivas gives his children to his father in Italy after spending a few days with them in Spain
  • Andalucía.Juana Rivas asks the Board to take care of their children before they return to Italy

He had explored all possible exits before returning his sons to his father again. Even desperately, he asked the social services of the Junta de Andalucía to welcome the children in one of the juvenile centers available to the Administration for homeless situations. But the Ministry of Equality, Social Policies and Conciliation did not give Juana Rivas the answer she expected and she finally flew to Italy next Thursday with the little ones, who are already with her father, Francesco Arcuri , as she has been able to confirm in the environment The EL MUNDO family, who exclusively captured the image of Rivas with his children at the airport in Seville shortly before boarding destination Cagliari .

Although Juana Rivas traveled by plane with them, the children returned with their paternal family from the hand of a friend who lent to accompany them to avoid the mother at the time of delivery.

The minors were in Spain since last June 7, in compliance with the regime of visits and vacations issued by the Italian judge who takes the case on custody and guardianship. And Juana Rivas had taken advantage of that circumstance, again, to try to make the children stay indefinitely.

Report abuse

In the first place, he filed a new complaint for ill-treatment against Arcuri before the Spanish Justice and then claimed the intervention of the Board, even at the cost of the children ending up in a juvenile center.

The complaint of ill-treatment, filed at the end of July, was allegedly based on the story made by the children as soon as they arrived in Spain and in which reference was made to incidents allegedly occurring on three different occasions between May 29 and June 3.

Both the Court of Instruction number 3 of Granada , and later the Audience of Granada, ruled that, since they are events in Italy , the Justice of this country is the only one that could intervene. Or, put another way, the Spanish Justice is not competent to resolve.

The decision of the Audiencia of Granada was announced last Tuesday. That same day, Juana Rivas would also know the response of the Junta de Andalucía contrary to her claim that children would be received under the temporary guardianship of the administration.

Juana Rivas, during the delivery of her children to her father E.M.

Sources of the Ministry of Equality, Social Policies and Conciliation have confirmed to EL MUNDO that the request arrived on Monday and was answered on Tuesday, after examining the file held by the Board and the documents delivered by the mother herself . The Ministry has not wanted to publicize the content of its resolution because it deals with reserved matters that affect minors. However, it is not difficult to conclude that the response was negative, given that Juana Rivas finally decided to submit to the plan and return her children to her father on the agreed date.

Without causes in Spain

At present, there is no open cause in Spain concerning the alleged ill-treatment of the father against minors, so there would be no legal reason to take precautionary measures as intended by the mother.

The Supreme Court does have pending resolution of the appeal that the defense of Juana Rivas filed against the sentence of the Audience of Granada to 5 years in jail for two crimes of child abduction after hiding for a month with her children to not deliver them to his father in the summer of 2016.

According to the arguments made in the appeal, Rivas's intention was never to harm the father of the minors but to protect them. Rivas' defense also claimed that there has been in this case an uncoordination between the Italian and Spanish justices, which would have fueled his conviction that he should take measures in defense of children.

In addition, the appeal rejects the penalty imposed - two and a half years for each of the two crimes of child abduction - and calls for its reduction by half, considering that, in any case, it would have been a single crime, with regardless of whether there are two minors.

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  • Case of Juana Rivas

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