The affair of the quarrel over the boy Eitan Biran, who lost his whole world in the cable car disaster in Italy, is a classic whole sentence. Relatives from both countries claim that they have the right to raise him, while Eitan, who now needs more than anything a loving, supportive and uniform framework that will put order in the mess created in his life, is inevitably at the center of the battle.
Legally, Israel has signed the Hague Convention on the Return of Abducted Children, but the one who will decide whether the grandfather's act amounts to abduction is the Family Court. Importantly, the Hague Convention speaks of a case of abduction by one of the parents. However, it may also be applicable to a similar situation. One of the main tests that must be taken in order for a case to be recognized as abduction is the environment of the child's residence, but the will of the parents killed also has weight - did the parents intend to live and grow up in Italy, or did they intend to return to Israel? If, for example, it turns out that the parents have indeed begun arrangements to move to Israel, which will indicate their future intention, then it may have weight.
In any case, the act of the grandfather is nothing less than taking the law into one's own hands.
I do not know what legal advice the grandfather claims he received, but I would not advise him to use the length of stay in order to take the child to Israel.
I do not see any scenario in which the court in Israel will contradict the decisions of its Italian colleagues in the profession.
Apparently, the court orders the child to be returned and asks to continue the proceedings in Italy. It does not make sense for them to overturn a court decision in another country because the child was physically brought here.
It stands today before the court is always the child's welfare, here and in Italy. If I were a judge in the trial will decide, I would ask what parents really want? Is grown in the country or in Italy? And of course, what is the best interests of the child.
The writer is head of the Department of Family and Succession Law
In the office of Cohen, Decker, Fax, Brosh
