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Precedent case in tragic circumstances: The court discusses the "kidnapping" of Eitan Biran
The Tel Aviv Family Court will hear whether the child who lost his family in the cable car disaster in Italy was abducted by his grandfather, and will also discuss the significance of the event under the Hague Convention, and whether Israel should return him to Italy.
His mother's family will claim that his parents intended to return to Israel and that the agreement is not relevant to the case
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Italy
kidnapping
funicular
Sonia Gorodisky
Friday, 08 October 2021, 09:36 Updated: 11:14
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In the video: The Biran and Peleg families in court at the hearing to return the child Eitan Biran to Italy (Photo: Niv Aharonson and Reuters)
The Tel Aviv Family Court today (Friday) heard the case of Eitan Biran, the boy who lost his entire family in the cable car disaster in Italy.
The main discussion today will be on the question of whether his grandfather abducted him to Israel, and if so, whether under the Hague Convention Israel must return him to Italy.
According to the Hague Convention, to which Israel is a signatory, a child taken by one of his parents to a foreign country without the consent of the other parent will be returned to the country in which he resides as soon as possible.
However, this is a precedent-setting case in the world, as the Hague Convention speaks of the abduction of a child by his parents, but there is almost no dealing with a tragic case like that of Eitan Biran, who lost his family and the quarrel around him is between his parents' families.
More on Walla!
The court hears a lawsuit to return Eitan to Italy; the families in a statement: "We see the best interests of the child"
To the full article
More on Walla!
The battle for Ethan comes to court: the arguments of the families and the possible scenarios
After filing the complaint about his abduction: Eitan Biran's uncle met with him in Israel
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The legal guardian.
Aya Biran, Eitan's aunt on his father's side, in today's discussion (Photo: Flash 90, Avshalom Shashoni)
The Hague Convention is intended to reduce abduction cases, and to have the court hearing the case of the abducted child be at the place where he resides.
Ethan has lived in Italy since childhood, and his paternal aunt, Aya, is his legal guardian.
However, his mother's family, the Peleg family, will claim in court that his parents intended to return to Israel, and therefore the place where he lived should be seen in Israel.
The principle underlying the Hague Convention is to return the child to his natural place of residence, from which he was unlawfully removed.
This is a principle that greatly facilitates the arguments of the father's family, since from the age of one and a half months Eitan lived in Italy with his two parents, who moved to live in the country for the purpose of studying the father's medicine.
Kidnapped his grandson?
Shmuel Peleg, Eitan's grandfather on his mother's side, in today's discussion (Photo: Flash 90, Avshalom Shashoni)
The Peleg family will try to prove that Israel is the child's natural place of residence, and will claim that Eitan's parents planned to return to Israel as early as next year, and shortly before the disaster made concrete preparations to return to Israel, including finding an apartment and a school for Eitan.
In addition, it will be argued that even during the residence in Italy Eitan stayed in Israel every year for several months, and that if Israel is defined as a normal place of residence the convention does not apply, and the act is not defined as abduction.
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