On Thursday morning, Juana Rivas appeared before a Granada court judge in a case involving the possible illegal retention of her 11-year-old son. The proceedings began after a complaint from her former partner, Francesco Arcuri, who claims that the mother failed to comply with an Italian court order requiring the boyβs return to Italy.
The story dates back to December of last year, when the boy, who lived with his father on the island of Sardinia, traveled to Granada for the winter holidays. According to their agreement, he was supposed to return to his father after the holidays, but that did not happen. This sparked a full-blown legal battle between the parents: in Spain, the mother tried to keep her son with her, while in Italy, the father sought his return.
Soon after, Juana Rivas secured temporary permission to keep the child with her, citing the need for urgent protection. However, by February, an Italian court had awarded custody to the father and ordered the mother to return the boy. Despite this, the child remained in Spain and continued his studies until the end of the school year.
Arcuri insisted that the decision of the Italian court should have been enforced in Spain as well, since both countries are part of the European Union. For several months, Spanish courts upheld this requirement, but did not set any specific deadlines or procedures for transferring the child. Only in July was a concrete date and time appointed for the boy to be handed over to his father. On the designated day, both parties appeared in court, but the transfer did not take place due to confusion that arose. Only a few days later was the boy handed over to his father and sent back to Italy, where he currently lives.
The legal battle continues
This is not the only conflict between Juana Rivas and Francesco Arcuri. An investigation is still underway in Spain into the alleged illegal retention of the child, while in Italy, a complaint regarding Arcuri’s alleged child abuse is in the early stages. The Italian proceedings are just beginning, and a decision is not expected soon.
Juana Rivas has faced similar charges before: in 2018 she was convicted of a similar offense when she prevented her two children from returning to their father. At the time, she was sentenced to five years in prison, but her sentence was reduced, and she later received a partial pardon. However, one of the conditions of the pardon was not to commit similar offenses for four years. This period does not expire until November, and the current case falls within this timeframe.
The court proceedings in Granada could be decisive for Juana Rivas. If found guilty, she risks losing her freedom and violating the terms of her pardon. At the same time, the situation with custody and the child’s future remains highly tense and complicated, as the decisions of the Spanish and Italian courts do not always align, and the parents’ interests are completely opposed.
