The civil court of Cagliari (Italy) has granted exclusive custody of the children of Juana Rivas to his ex-partner, Francesco Arcuri. In a ruling notified this Wednesday, the judge states that the two children will live with their father and that they will be able to spend part of the summer vacation with the mother. The ruling, to which EL PAÍS has had access, is a new setback for Granada, to which the judge refers in very harsh terms.
According to the judge, Rivas has shown "a great manipulative capacity in the relationship with minors" and "shows a severely pathological psychic functioning, associated with a mental disorganization." The ruling establishes that, in ordinary period, the Grenadian may be with the children an alternate weekend in Italy and a weekend every five in case she lives in Spain or in any other country outside of Italy.
It is the second judicial setback in just one week for Rivas, who is in Italy these days. On March 14, the Provincial Court of Granada ratified the sentence of five years in prison for Juana Rivas for the theft of her two minor children when in May 2016 he traveled with them to Spain and, after not take them back to Italy with their father as they had agreed, he disobeyed numerous court orders to do so. After receiving a last request in July 2017 to deliver the children to Arcuri, Rivas disappeared for a month with the children, who are now 5 and 12 years old. A year of judicial contempt began and ended at the end of August 2017 when the children finally reunited with their father and returned to Italy, where they have remained since then in Carloforte, a small island in the south of Sardinia. There they live with their father and spend many weekends with their mother in Cagliari, the capital of Sardinia.
Rivas counted in 2016 that she had fled because her partner mistreated her. He filed a complaint that has never prospered. The Italian judge cites in fact in this last ruling the sentence of the Granada court of 2009 that condemns Arcuri for mistreatment "in the family" to three months in prison. But he did not analyze Rivas' subsequent complaint, which is still pending in Italy. Knowledgeable sources of the case affirm that the judges have not done any police or judicial management in this regard.
The court based the decision to withdraw the custody in "a plurality of behaviors" of Rivas: the violation of the right of custody in 2016 and a "second similar behavior" in October 2018, when he stayed with the children a couple of days more of those that marked the regime of visits. "The damage to the psychophysical balance of minors for a different solution is evident," the judge said.
This last trial started in 2017. During the trial in the civil court of Cagliari, Juana Rivas and Francesco Arcuri have met on numerous occasions and have had to face different joint sessions. In fact, the judge established an agenda of interviews between father, mother and children that included all possible variations and that lasted for several months at the beginning of 2018.
Assessment of lawyers
"Francesco Arcuri is satisfied with the sentence and it seems positive that the court has ordered that Mrs. Rivas undergo treatment courses in support of motherhood. However, the father of children, in view of the background, has reservations about the trips of children to Spain with his mother, "explains Enrique Zambrano, Arcuri's lawyer in Spain. It emphasizes that the ruling establishes very restrictive travel conditions to Spain, such as the delivery of documents, or the obligation to notify their stay to various institutions. María Eugenia Álvarez, Rivas' lawyer in the Italian process, confirmed that "Juana is very sad because it is not what she expected but at least she has a fairly broad visiting right". For Álvarez, getting the children to come to Spain is already a success considering the strong criminal conviction that they have just issued against her in Granada.
May 2016 Juana Rivas travels to Spain with her two children from the Italian island of Carloforte.
June 2016 Rivas goes to the Center for Women in Maracena, where he denounces that he has suffered gender violence in Italy at the hands of his then partner, Francesco Arcuri.
July 2016 Interpose that same complaint before the Civil Guard of Maracena.
August 2016 The woman tells Arcuri that she will not return to Italy and he denounces the facts.
December 2016 The first car is broadcast: Juana Rivas has to deliver her children to the father. She appeals.
April 2017 The Provincial Court of Granada ratifies the decision of the first order.
July 2017 A court order gives up to three dates for Rivas to deliver the minors, the last one, on July 26. The woman disappears with her children on the night of July 25.
August 2017 Juana Rivas returns and delivers the children to his father, who travels immediately with them to Italy. Despite the fact that an arrest warrant was on her, Judge José Luis Ruiz, head of the 9th Magistrate's Court of Granada, he decreed provisional freedom.
July 2018. The trial is held and the sentence sentences Juana Rivas to two and a half years for the theft of each of their two children, six years of disqualification to exercise parental authority over them, an indemnity of 30,000 euros for the moral and material damage towards the Italian Francesco Arcuri, his ex-partner, and the payment of all costs of the trial.
March 2019. The Provincial Court of Granada ratifies the sentence of five years of jail for Juana Rivas and the civil court of Cagliari (Italy) has granted the exclusive custody of the children by Juana Rivas to his ex-partner, Francesco Arcuri.