An Italian woman takes her son to her country illegally and the Transalpine Justice agrees with the father, Cordob Adrin Martínez, but the Prosecutor’s Office forces him to pay her accommodation and maintenance as a condition for the child to return to Spain
First, she unilaterally takes the child to Italy and he denounces it. Then, the Italian courts agree with him: the boy, one year and one month old, must return to Spain since the mother has illegally abducted him.
But it is the Italian Prosecutor’s Office that must organize the execution of the sentence, and it sets conditions together with the Italian Social Services: if you want to get your son back, even if he agrees with you, The Hague Conventionwhich subtracts parental kidnappings, the cordobs Adrian Martinez has to financially support his former partner, the Italian anna ferraraon his return to Spain.
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That is, to provide you with housing and support during the time that gabrielle paul acclimatize to Spain, to avoid “serious damage” to the minor and since the woman has no income and the father does, he confirms to this newspaper Serlapo Bardi, father’s lawyer in Italy. “Social Services has been very clear in asking him to keep it and we oppose it. In addition, the Prosecutor’s Office has appealed for the child’s return to Spain, and the judges have upheld their decision. I fear that the case will remain in limbo and the child in Italy”.
It is the fight between Martínez, a 28-year-old collector of Cordoba gaming machines, with the mother of his son, Ferrara, 22 and with no known trade, around little Gabrielle Pablo, born 11 months ago now.
With just three, last November, Ferrara took the cro unilaterally to olibiain Sardinia, where she comes from. Martínez denounces him and the Hague Convention is activated, the instrument to resolve civil conflicts arising from parental kidnapping.
On May 24 last Sassari Juvenile Court issues its sentence: Gabrielle Pablo must return to Spain. The Prosecutor’s Office first appeals the resolution so that the child does not leave Italy, and then, “when the Italian Justice denies the reason, it decides that repatriation must be carried out with guarantees so that it is as smooth as possible for the minor,” he says. Bardi to this newspaper.
The decision of the Prosecutor’s Office crystallizes in a document dated September 16, to which this newspaper has had access, and in a conversation between Bardi and a person in charge of Social Services of Sardinia. “In it, last week, they told me that the best thing for the child is for him to travel with his mother to Spain, because he has not been with his father for many months, and that for this my client must provide a home for the mother and father. child, and then, if possible, a job for her,” the lawyer tells EL MUNDO.
Martínez’s refusal to accept this claim leaves the matter, says his lawyer, dead. Speech Enrique Zambranothe father’s lawyer in Spain: “Now the only thing left for us is to ask the Central Authority of the Convention in Spain, which is the Ministry of Justiceto urge its counterpart in Italy, which is the Italian ministry, to comply with the sentence”.
The mother has even civilly registered the child in Italy with the alternate surnames: Ferrara Martínez, and not Martinez Ferrara, as stated on his Spanish birth certificate. “But we are not going to get into that at the moment,” says Adrin Martínez. “Now what we have to achieve is that the little one comes back, then we will denounce that.”
Martínez recounts that she was working as a flight attendant, based in Italy, when she met the mother of her son on a vacation back in Cordoba. “We started our relationship and we both moved to live in Córdoba, we lived in my parents’ house and she was supported by us at all times,” she explains. “In fact, I left my job and got the one I have now to be able to settle in Spain and raise our son well.”
He continues: “Then, a month after my son was born, our relationship was so bad, so difficult, that I told him we should separate. With my parents’ money we got him a flat opposite ours, and he stayed there for two months, until She took the child to Italy,” says the father, who fears for the woman’s mental health: “She has some things diagnosed in Italy that I don’t know about, and she takes some medications daily that I have seen.”
The Italian Prosecutor’s Office, in addition, has requested, according to Bardi, more information about the father, about his work in Spain, and has formally requested if there are pending lawsuits of some kind between the two ex-spouses in Spain, “something that”, says the lawyer, “It can’t be done, because all of this has already been assessed by the Juvenile Court, which is the one that has the power to assess where the child should go, and which has clearly said that to Spain.”
The fear of both the lawyers (who are the same ones who defend Francesco Arcuri, the ex-partner of the Spanish Juana Rivas, convicted of parental kidnapping) and the father is that, as long as the situation is not unblocked, the child is putting down roots in Italy and his repatriation to Spain is increasingly complicated. “It’s what we fear,” concludes Adrin Martínez.
Source: www.elmundo.es
