Supreme Court Clears Arona Magistrate of Misconduct in Child Abduction Case

Supreme Court Clears Arona Magistrate of Misconduct in Child Abduction Case

Source: El Día

The Supreme Court has dismissed a criminal complaint against an Arona magistrate, ruling that her actions during a child abduction case were lawful and ordering the appellant to pay legal costs.

The Supreme Court has officially closed a criminal case against a magistrate from the Arona Violence Against Women Court. The court dismissed an appeal challenging her conduct during a child abduction case, confirming that she acted appropriately. The appellant has been ordered to pay 2,000 euros in legal costs.

This decision follows previous reviews by the High Court of Justice of the Canary Islands and the General Council of the Judiciary, both of which had already rejected the complaint. The case centered on allegations that the magistrate had unlawfully detained a mother and improperly allowed her ex-partner to take her vehicle.

The Supreme Court found no evidence of wrongdoing. It clarified that police officers accompanying the mother were not making an arrest, but were instead following a request from another court due to a flight risk. At the time, the woman was the subject of a search and arrest warrant for failing to hand over her daughter, having kept the child hidden for over a month between June and July 2024.

Regarding the vehicle, the court confirmed that the magistrate never authorized the father to use it. Although the father asked to search the car for clues about the child’s location, the magistrate denied his request, citing a protection order and insisting that the vehicle only be moved through official channels, such as a municipal tow truck or by its legal owners.

The ruling highlights the difference between necessary security measures in high-conflict family cases and an abuse of power. By refusing to refer the matter to the Public Prosecutor’s Office, the Supreme Court has affirmed that the magistrate did not violate any rights. The decision reinforces the authority of judges to manage security in sensitive cases, particularly when child abduction is involved and the child’s safety is the primary concern.