JUANA RIVAS has decided to hand her children over to the authorities but may still face prison.
The Public Prosecutor has asked for prison without bail for ignoring a court summons despite a previous judge allowing her to walk free.
After being told by the Granada court that any decision concerning custody of her children must be made by the Italian authorities, Juana Rivas has accepted that decision.
She has voluntarily surrendered her two children to the Guardia Civil today and it is reported that they have now been handed over to their father.
Spanish born Juana married an Italian who she met in London whilst studying English and they subsequently had two children.
They finally settled in Sardinia but she returned to Spain late last year taking their two children without her husband’s agreement as she claims that he had attacked her mentally and physically and also abused the oldest son.
Her case having been seen as being of major importance to women fighting against violence has caused a flurry of social media activity and once the children were handed over to the Guardia Civil, women’s groups started to protest the decision.
Complaints have been presented already to the General Council of the Judiciary (CGPJ) questioning the decision to hand back the children without giving them a chance to testify and demanding that the father – who denies violence against Juana – be refused permission to return to Italy with them.
In addition, the associations complain that neither the Public Prosecutor nor the Office of the Prosecutor for Gender Violence have acted properly during the course of the investigations and subsequent decision making process.