The court of Cagliari has allowed him to visit his children until the Wednesday
Juana Rivas, the mother of Maracena (Granada) investigated for alleged child abduction after spending almost a month found not to comply with the court order that required him to surrender his two sons to the father, is on the way to Italy to appear in the view, which will be held this Tuesday at the court of Cagliari on the custody of the children, eleven and three years.
The court of Cagliari has issued a recent ruling that access to the petition of the attorneys of Rivas to visit his children until the Wednesday and spending the night with them in the hotel where you are staying, so we expected to pick them up once you step on Italian soil. This car, which their lawyers have known this weekend, has been decisive so that Joan “has taken forces” to move to Italy, which in the beginning was the possibility of requesting the suspension of the view for reasons of health, given that it has been “very bad in the last week”, also emotionally as he detailed one of his lawyers, Juan Manuel Perez.
Both Juana Rivas as your former spouse, the Italian Francesco Arcuri, must appear before the judge in the course of this hearing, which will begin about 9: 30am hours.
The claim of their lawyers is that Joan will get custody of the children so that they may return to Spain and live with her in Granada, taking the father the right to visit, according to has added the lawyer together, to Jose Estanislao López-Gutiérrez, and Juan de Dios Ramírez, represents the mother of Maracena.
Juana Rivas travels to Italy to return to see their children of THE WORLD (Video)
Juana Rivas will try to expose before the tribunal of Cagliari the ill-treatment he allegedly suffered at the hands of her ex-partner and that supposedly led him to leave the island of Carloforte with their children without having parental permission.
In the view is expected to be exposed in addition to the reports of the social services italians have been conducted on minors, among other evidence adduced by the parties.
Now, Arcuri has the guardianship and temporary custody of the child, and Juana Rivas has the right to a system of communication by video call daily. Will be starting this Tuesday, when the Italian justice decides on custody and visitation regarding the children, who remain from the end of August in Italy, where they have fixed their habitual residence.
Research “very advanced”
The margin of this process by the civil court, Juana Rivas is being investigated by the Court of Instruction 2 of Granada for alleged disobedience of court and child abduction after he left Italy with the children without parental permission and pass a month found in breach of the court order that required him to give to his former spouse, Francesco Arcuri, who was sentenced in 2009 for injuries in the family.
The investigation is “very advanced”, and expect a series of reports that would allow the closing of the statement, according to have detailed sources close to the case.
In this cause have also been called to testify as investigated the legal advisor and the psychologist of the Municipal Center of the Woman from Maracena, Francisca Granados and Teresa Sanz; as well as the parents and the two brothers of Juana Rivas to find out their possible participation in the facts.
The Court of Violence on Women number 2 of Granada has recently agreed to not reopen the preliminary investigation for alleged ill-treatment in the case of Rivas to understand that the facts alleged occurred allegedly in Italy and is therefore the place of jurisdiction is the Italian.
The judge also rejected to adopt the precautionary measures which Juana Rivas requested at the end of last August, when he asked for the reopening of this procedure in Spain according to some alleged ill-treatment that have occurred between the years of 2013 and 2016 in Italy, where she had set his place of habitual residence.
The court of granada alleges that in this case not give the situations provided in the law that regulates the international jurisdiction of the judges and the Spanish courts in respect of acts committed outside Spanish territory and rule out the presence of circumstantial of the father of the minors in Spain –when he came to pick up the kids– at a time much later than the commission of the alleged maltreatment, to justify the jurisdiction of the Spanish.