It's delayed to Friday when Juana Rivas' youngest son is handed over to her father
The Constitutional Court has rejected the application for amparo, but the Granada judge has decided to postpone the delivery of the child to the father on the grounds that it "completely excludes the use of force" for this purpose.
The head of Granada Court No. 3 has postponed to FRIDAY the handing over to his father the minor son of Juana Rivas ,who was sentenced to imprisonment and subsequent partial pardon for removing his two children from his father, Francesco Arcuri, in criminal proceedings for ill-treatment.
Italian court rulings order the 11-year-old son of Rivas to return to Italy with his father, who has custody of the child.
Rivas's defense, however, filed an applicationfor amparo and precautionary measures before the Constitutional Court, which on Tuesday morning , at the last minute, dismissed these measures on the grounds that "they do not exhaust the judicial process or have special constitutional significance".
However, after a tense morning, the child has returned to his mother until the court decision of the Italian courts is completed.
The judge has taken the measure in response to information provided by the staff of the Granada Family Meeting Point, where the boy has been meeting with local staff for several hours.
The reason given by the judge is that "the use of force to hand the boy over to his father is absolutely out of the question. "
For the time being, the judge has decided to hold the other parental exchange on Friday and has "urgently" requested that specialized personnel produce a report on the "place, conditions and manner" of handing over the minor.
The mother's legal team has said that they are still in time to listen to the child's wishes and that he is "mature enough to explain his suffering." In fact, the boy, with his older brother in Granada, has expressed his desire to stay.
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