The Spanish legal team of Juana Rivas has indicated this Thursday that the Supreme Court of Italy has admitted the appeal presented by the mother of the Granada town of Maracena, so The civil trial “that separated the brothers” will be repeated in the country of the father, Francesco Arcuri.
“The Court of Cassation affirms that in the judicial process the principle of the best interests of minors was violatedlike several international agreements signed by Italy,” the office of lawyer Carlos Aránguez, who leads said legal team with Francisca Granados, has indicated in a statement. In this way, the Court of Cassation, “after accepting in all its terms the appeal of the Mrs. Rivas, has just annulled the ruling of the Court of Appeal of Cagliari that, separating the two brothers, denied her custody of her youngest son, who continues to live with his father,” he details.
Custody of the eldest child had been granted to the mother definitively in March 2023 and has already lived with her since June 2022. According to Rivas’s legal team, the cassation ruling highlights “the non-application of basic international standards by the Cagliari court, such as, among others, the Council of Europe Convention on prevention and fight against violence against women” and domestic violence (Istanbul, 2011). Also Directive 2012/29/EU of the European Parliament and of the Council of October 25, 2012, which “establishes minimum standards on the rights, support and protection of victims of crime.”
Referring also to the jurisprudence of the European Court of Human Rightsthe cassation ruling insists, always according to this source, “on a fundamental idea” such as that, “in the process carried out in the Court of Appeal of Cagliari, an in-depth analysis of the best interests of children has been lackingwhich represents the fundamental criterion on which any custody decision must be based.”
Another of the considerations that would lead the Italian Supreme Court to annul the sentence of the Cagliari civilian is the violation that he would carry out “of a basic principle, such as that of no separation from siblingshaving ordered the custody of one child to the mother, in Spain, and another to the father, in Italy, in addition to establishing that the mother and the rest of the maternal family could only see the minor in Italian territory, specifically, in Sardinia”.
Taking into account the rules of the Italian judicial system, the Supreme Court, after determining the annulment of the sentence of the Court of Appeal of Cagliari, sends the case back to it, so that, with a new composition of magistrates, and taking into account the considerations made in the cassation ruling, dictate another.
