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The court ruled: Little Eitan will return to his aunt Aya in Italy | Israel Today

2021-10-25T12:21:02.906Z


After a long saga and a claim that he was abducted by his grandfather Shmuel Peleg, it was decided that the child whose parents perished in the cable car disaster would leave Israel


The Family Court ruled today (Monday) that Eitan Biran will return to Italy for his aunt Aya Biran, after his family claimed he was abducted by his mother's grandfather, Shmuel Peleg.

According to the court's decision, "On May 23, 2121, a disaster occurred in Italy. During a routine cable car ride, the cable pulling the carriage that fell from a height of about twenty meters to the mountain slopes below, directly into the abyss, was suddenly torn. Fourteen out of fifteen passengers died. "The caravan was cut short in one fell swoop. Among them were the minor's parents, the minor's little brother, the minor's great grandfather and his partner, their blessing memory. The minor is the sole survivor of this severe disaster."

On May 25, 2121, at the minor's bedside, his aunt was appointed by his late father, as a "tutore" (similar to the term guardian in Israeli law), with the consent of the minor's grandfather by his late mother. A polar dispute arose between his aunt and his grandfather. Regarding the nature of the consent given: if it was an agreement for a temporary appointment, according to the grandfather; or it was an agreement for a permanent appointment, as his aunt claimed.

On 9/11/2021, as part of visiting times that the grandfather had with the minor, and without the consent or knowledge of the aunt, the grandfather drove with the minor in his car, crossing the border between Italy and Switzerland.

There, in a private plane he had rented ahead of time, he flew with the minor to Israel.

The aunt waited for the minor to return at 6:30 p.m. as agreed.

Only at 20:00 did she receive a message from her grandfather "the minor has come home".

Unfortunately, it turned out that the minor was no longer on Italian soil.

"On September 14, 2121, the aunt filed a lawsuit for the abduction of a child under the Hague Convention in Israeli court.

The Italian court ruled that her aunt had the right to file the lawsuit even though she was not a natural parent but by virtue of the authority he gave her in her appointment as a "tutore" (guardian). The court ruled that the world had long since become a global village. This reality has made it possible to kidnap children and transfer them from one country to another, easy to implement, hence the need for a legal tool to deal with such abductions.

"The procedure is governed by the Hague Convention (Return of Abducted Children) Law, 1991, which Israel signed in 1991 and which gives Israel a binding normative status for the Hague Convention, which today, by chance, counts exactly 41 years. The Convention calls for cooperation between the countries of the world in dealing with the phenomenon of child abduction by one of their parents, which has spread to it; In our case to deal with the conflict between the minor's aunt and his grandfather. In proceedings under the Hague Convention, the court does not discuss the issue of custody under Israeli law, but examines whether the minor was illegally removed from his place of residence while violating custody rights under the Convention.

"The court did not accept the grandfather's claim that Israel was the minor's normal place of residence, nor the claim that the minor had two regular residences - Israel and Italy. The minor, a 6-year-old boy, moved with his entire family to Italy when he was only a month old. Emphasis is placed on the minor's interest, and he who is at the center of determining the usual place of residence - must take into account the life, experiences, and facts of life and the life story of the minor, who had to make a sharp turn due to the tragedy that befell him and his family (Ltd. 5041/19 'Plunit (8.8.2019)).

"The court rejected the grandfather's claim that precisely in view of the death of the minor's parents, special importance is attached to their intention to return to live in Israel in terms of the minor's normal place of residence. The claim was not accepted - neither evidentially nor legally. "When he arrived in Israel, he was in Fabia, Italy, with his aunt, and the fulfillment of the principle of continuity in his life tipped the scales for adoption."

Source: israelhayom

All news articles on 2021-10-25

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