Judge Recuses Herself from Juana Rivas Custody Case, Halting Proceedings
The head of Instruction Court 9 of Granada has recused herself from the custody case involving Juana Rivas and her minor son, Daniel, halting all proceedings pending a ruling from the Granada Court. In an order released Tuesday, Judge Rosa María Ginel stated her decision to abstain due to prior involvement in related rulings concerning the case. This development comes after a request was submitted by Rivas' legal team to prevent her son from being returned to Italy, where his father, Francesco Arcuri, has custody.
Last week, Instruction Court 4 acted on precautionary measures to keep Daniel in Spain, contrary to the Italian judiciary's request for his return. Notably, Judge Ginel's decision does not affect those precautionary measures. The legal proceedings surrounding the case have seen several shifts, with previous courts declining jurisdiction or returning responsibility for the case to Instruction Court 4, which ultimately assigned it to Instruction Court 9.
Judge Ginel's recusal stems from her previous participation in Rivas' appeal against a criminal ruling in 2019, highlighting her concern regarding the similarity of facts and parties involved. The abstention halts any progress on the case until the Granada Court resolves whether to accept or reject her recusal, indicating that no new developments will occur during this period.
Rivas' legal representation has emphasized that their client is not committing any crime of international child abduction, asserting that there are no complaints or charges concerning Daniel's stay in Spain. They are prepared to respond to any accusations with legal action, as they maintain that current Spanish judicial orders must be followed given their nationality.
Should any conflicts arise in jurisdiction, Rivas' legal team insists that these should be resolved within the framework established by the European Union, reaffirming Rivas' commitment to complying with Spanish legal rulings. As the situation continues to unfold, both Rivas and her son are hopeful for a resolution that prioritizes their rights and well-being.
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