Eitan Biran, the only child who survived the Mottarone tragedy, must return to Italy where his usual residence is.
This was established by the judge of the Tel Aviv Family Court, according to what is learned from legal sources.
The request of the child's aunt and legal guardian, Aya Biran, to whom Eitan had been entrusted after surviving the collapse of the cable car in which her parents, great-grandparents and little brother lost their lives, was therefore accepted. The third and final hearing on the matter was held two weeks ago, now the verdict, which moves under the Hague Convention on the abduction of minors.
"The Court did not accept the grandfather's thesis that Israel is the normal place of life of the minor nor the thesis that he has two places of residence", writes judge Iris Ilutovich Segal in the sentence.
"With the arrival in Israel, the grandfather - continued the judge - removed the minor from the normal place of life. A removal contrary to the meaning of the Convention and which, in so doing, infringed the custody rights of the aunt over the minor himself" .
The ruling also established that Shmuel Peleg pays court costs of 70,000 shekels (over 18,000 euros).
The child had been flown, without permission, to Israel by his maternal grandfather Shmuel Peleg last September after being taken from his aunt Aya Biran's home in Pavia. The grandfather is under investigation in Italy for kidnapping.
Immediately afterwards, Aya Biran went to the Tel Aviv Family Court for "immediate return" to Italy on the basis of the Hague Convention.
"My colleague Grazia Cesaro and I are happy with the favorable decision of the Tel Aviv Court and the fact that the principles and spirit of the Hague Convention have been applied", the words of Cristina Pagni, who represents in Italy, with the colleague Cesaro, the paternal aunt. "We are waiting to understand when the return of the child to Italy will be possible, we will perhaps know in the evening", clarified the lawyer and this also in relation to the fact that the maternal grandparents will have the possibility to challenge the sentence of the Israeli judge.
(Unioneonline / L)
