The parents of Silver, an 11-year-old boy with severe autism, are contesting before the Málaga Court of First Instance the neglect resolution that granted provisional guardianship to the Junta in June. The family, residing in Rincón de la Victoria, reports a lack of visits and requests the return of the minor.
The family of Silver, an 11-year-old boy with severe autism and learning disabilities, has filed a legal opposition against the neglect resolution that has kept the child under provisional guardianship of the Junta de Andalucía since last June. His parents, Maluta Serbana and Silviu Ichim, residents of Rincón de la Victoria, are demanding before the Málaga Court of First Instance the return of the minor to the family home, as reported by Diario Sur.
The case dates back to April 28, 2026, when Silver was taken to the Maternal and Child Hospital of Málaga after falling from a first-floor window while under the care of his 17-year-old sister. The fall was cushioned by an awning. The mother explained that the young girl had temporarily stepped away to the bathroom and that the minor opened the window.
The actions of Child Protection were not based solely on that incident. The case includes background information sent by British authorities, who on May 11 requested collaboration from Spain due to possible neglect. The documentation details previous supervision issues, difficulties in establishing routines and boundaries, and irregular school attendance during a period when the family was in the United Kingdom.
After a visit to the family home in Rincón de la Victoria, the technicians noted deficiencies in the hygienic and sanitary conditions and organisation of the dwelling. The report identified serious shortcomings in supervision, safety, hygiene, and care, and recalled unsupervised outings and the fall in April.
With this background, the Territorial Delegation of Social Inclusion decided on June 5 to initiate the neglect procedure, assume provisional guardianship, and arrange for residential care. The resolution established supervised biweekly visits with his parents and sister, as well as calls according to the centre's rules.
The execution of the measure is one of the main disagreements. The defence argues that on June 9, Silver was "abruptly separated from his family" after attending an appointment with his mother, and questions how the decision was communicated. The Junta states that on that day, an interview was held with Maluta in English, and the reasons for the provisional neglect were explained, including the British background, social reports, the accident, and the lack of schooling.
The family claims that since then they have been unable to maintain in-person contact with Silver and reports to the court a "lack of effective implementation" of the visitation regime. The parents believe that prolonged separation could harm him due to his support needs and request that any meeting be prepared with specialised professionals.
On June 16, Child Protection assigned Silver a place in a protection centre in Albox (Almería), following an initial stay in Málaga. The defence criticises the transfer for distancing him from his environment. However, the documentation notes positive progress: at the beginning of July, the director reported that Silver was "advancing super well," with improvements in oral medication, toilet training, feeding, and trust with professionals.
The family filed an opposition to the neglect resolution before the Málaga Court of First Instance on July 29. The document denies a situation of "serious neglect or negligence," considers residential care "extremely burdensome and disproportionate," and demands the return of the child. It also states that the parents did not become aware of the entire case file until June 25, although there is an email from Child Protection dated the 17th that provided the lawyers with a link to a copy and arranged a meeting for the 25th.
“We came to Spain seeking the best for our son, and they have taken him away from us,” says the father, Silviu Ichim.
The mother asserts that the stress is causing her to experience intense hair loss. “We are not asking for privileges. We are asking for justice,” she states. Silviu insists: “As long as I have breath, I will not abandon him.” The father was hospitalised earlier this week after suffering burns to his face, neck, and chest, “desperate about the situation.” The family requests that Silver's disability and the bond with his parents and sister, Ana Luna, 17 years old, be taken into account.
The procedure is subject to a specific timeframe. The Junta's agreement cites Article 95.6 of the Andalusian Law on Childhood and Adolescence and sets a maximum of three months to issue a resolution, with a provision for expiration if that period passes without an express notified resolution. While awaiting the resolution of the case and the progress of the legal challenge, the parents demand that the family situation be reviewed and that a pathway be opened for Silver to return home with professional support.
The family, represented by lawyer Eladio Ruiz Camino, has also informed the Andalusian Ombudsman of the situation, which has already requested documentation to analyse the case. Sources from the Andalusian government have indicated that the Málaga Territorial Delegation received communication from the UK Social Services authorities regarding the possible situation of neglect.
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