• Justice: Minister Dolores Delgado wrote to the Italian minister to mediate in favor of Juana Rivas
  • Case of Juana Rivas. Three judicial associations criticize the "intrusion" of Dolores Delgado in the case of Juana Rivas

The social services of Carloforte (Sardinia, Italy) have requested, as this newspaper has been able to know, that the visits of the Spanish Juana Rivas to her two children in Italy are further restricted, that these visits be supervised and that the visits be also limited Mother's holiday trips with her children to Spain , given the behavioral disorders of the Spanish mother of Maracena (Granada) with respect to her offspring.

Just one day after EL MUNDO uncovered that the Spanish Minister of Justice, Dolores Delgado, interceded in favor of Rivas by writing a letter to her Italian counterpart on August 9, the chance wanted the social services of Carloforte, where they live the children with their father, had to pronounce themselves precisely on the situation of minors.

And his opinion, to whose detail this newspaper has had access and which was considered yesterday by a Juvenile Judge of Sardinia, is devastating: Juana Rivas, who tried again last summer by all legal means that her children did not return to Italy of her month of vacation in Spain with her, she is still unable to take care of her children, so she must be supervised on all occasions when she visits them (one weekend out of two, if she is in Italy ), and it is necessary to limit your visits to Spain to prevent possible problematic situations for the two children in your family environment. It is she who puts the children at risk, according to Italy, and not her stay with her father in Carloforte, as the minister believed possible in her letter.

The request of the public social services of Carloforte came after, during last spring, and after the custody of the children was assigned exclusively to the father in Italy and the mother was sentenced in Spain to five years in prison for kidnapping them, Rivas repeatedly denounced in Sardinia, without evidence in the opinion of the Italian Prosecutor's Office , that her ex-husband, Francesco Arcuri , custodian of the children by order of the judge, suffered constant aggressions by the father.

Arcuri, who has generally resisted taking legal action against the mother, arrived at that time, before her constant complaints without supporting evidence, to provide the authorities with audios of what he considered her children were explaining how their mother explained induced to complain about alleged aggressions of his father.

During those months, Rivas constantly went to a hospital in Cagliari (Sardinia) on Mondays, when he had to return his children to the father, to report injuries that were not proven for the Prosecutor's Office. Before the passivity of the Prosecutor's Office, Rivas activated in Italy a request for urgent measures of protection for minors, and that request is the one that was assessed yesterday by the Juvenile Court .

In spring, the court appointed a mediator between the two parents, a lawyer, and that was when the social services set the position that yesterday was considered by the judge: to further limit Rivas's contact with her children, which only occurred in presence of professionals, and avoid traveling to Spain with minors so that the abduction could not be repeated for which it has already been convicted in Spain by two instances, in the absence of what the Supreme Court says in cassation.

Thus, public social services has asked Rivas for more limits to see their children because of the manipulative capacity attributed to her, which is the key to the difficult procedural situation of the Spanish citizen in Italy: the impartial psychologist's report that the "danger" line for their own children, and that it is attributed to a "pathological mental functioning".

After that report, the Family Judge granted definitive custody to the father, and based on that report, Carloforte's social services asked yesterday that Rivas' visits to his children be controlled and supervised, so as not to cause harm to the minors.

Request for urgent measures

That report produced an effect yesterday before the Juvenile Court that reviewed the request for urgent protection measures by the mother: the mediator appointed by the court last spring, a lawyer responsible for facilitating communication between parents, verbalized at the hearing, as this newspaper has learned, that the logical thing would be, at the outset, that the sentence of the Family Court be fulfilled and that Rivas overcome the disorders that lead her to "confuse her interests with those of her children", as said the psychological report - that is, that the mother overcome her problems first, and then decide the situation of the children.

As a result of that report, in fact, Rivas was sentenced to follow weekly treatment, in Granada, to overcome her "pathological mental functioning", in order to stop causing her children problems by predisposing them against their father.

In fact, the position of the Italian social services did nothing but rely on the judgment of the Family Court and the Prosecutor's Office, who have consistently stated that the mother is not able to take care of the children and that it harms them, in spite of the intercession of Minister Dolores Delgado in favor of Juana Rivas, transferring to her Italian counterpart her "concern" for the situation of minors - for Delgado, Rivas is a mother worried about her children; For Italy, Spanish is a problem for them.

Yesterday's hearing, however, had no effect: the Juvenile court, according to the information collected by this newspaper, said it was not competent in the matter of the protection of minors because the judgment of the Family Court that granted the Child custody of the father is appealed by Juana Rivas. It is in that instance, that of the appeal, where it is necessary to resolve whether the current situation of the children is potentially dangerous, because it is also there where they have all the evidence, said the court, thus leaving custody of the children and the regime of visits as they are currently.

According to the criteria of The Trust Project

Know more

  • Italy
  • Spain
  • Dolores Delgado
  • Case of Juana Rivas

Courts Minister Dolores Delgado wrote to the Italian minister to mediate in favor of Juana Rivas

GrenadaA Italian juvenile court addresses Juana Rivas's appeal for alleged abuse of her children

Justice Three judicial associations criticize the "intrusion" of Dolores Delgado in the case of Juana Rivas