Juana Rivas Faces New Charges in Ongoing Custody Battle

In a dramatic escalation of a long-standing and complex custody dispute, Francesco Arcuri has filed a new complaint against his ex-partner, Juana Rivas, in Italian courts, accusing her of child abduction.

Background of the Dispute

This latest development is not the first time Juana Rivas has been involved in a custody battle with her ex-partner. In 2017, Rivas was convicted and sentenced to five years in prison for abducting their children and failing to comply with judicial orders that required her to hand them over to Arcuri. She had alleged suffering from domestic abuse, which led her to flee Italy with the children. However, her sentence was later reduced to two and a half years by the Italian Supreme Court, and in November 2021, she received a partial pardon from the Spanish Council of Ministers. By March 2022, the Provincial Court of Granada had suspended the remaining prison sentence.

Current Charges

The current complaint stems from the expiration of a deadline set by the Court of Appeal in Cagliari, which required Rivas to return their younger son to Italy after spending the Christmas holidays with her in Spain. Arcuri, who has been granted custody, alleges that Rivas has failed to comply with this order, leading to the new charges of child abduction.

Cross-Border Legal Complications

The situation is further complicated by cross-border legal issues. In Spain, a provisional measure issued by the Court of Instruction No. 4 in Granada has temporarily suspended the handover of the child to the father, following allegations of abuse made by Rivas against Arcuri. This measure was taken after the court heard testimony from the minor.

Ongoing Legal Proceedings

A final hearing on the custody of the younger son is scheduled to take place in the courts of Cagliari this Friday. This hearing follows the Italian Supreme Court's decision to review the case and retry the civil proceedings that initially separated the siblings.

Additional Allegations

In addition to the custody dispute, there are ongoing investigations in Italy into allegations of abuse against Arcuri, which have not yet been resolved. In Spain, Rivas has recently filed a new complaint against Arcuri, accusing him of gender-based violence and detailing 90 attempts to contact her via phone calls over 23 days. She is seeking a protection order and the suspension of Arcuri's exclusive custody rights.

Conflict of Jurisdictions

The case has also highlighted a conflict of jurisdictions between Spanish and Italian courts. The latest ruling from the Magistrate of the Court of Instruction No. 9 in Granada has suspended the proceedings until the Provincial Court resolves the issue of jurisdiction.

As the legal battle continues, the well-being and custody of the children remain at the center of a highly contentious and emotionally charged dispute. The upcoming hearing in Cagliari is expected to provide some clarity, but the complex web of allegations and cross-border legal issues ensures that this case will remain a focal point for some time.