The maternal grandparents of little Eitan, the child, the only survivor of the Mottarone massacre, are ready to appeal after the decision of the Tel Aviv court. Eitan must return to Italy under the Hague Convention. The judge of the Tel Aviv Family Court agreed with Aya Biran, the child's paternal aunt. Rejected the thesis of the maternal grandfather Shmuel Peleg according to which the woman, foster care of Eitan in Italy, had no right of guardianship. The man will have to pay the court costs. The Pelegs announce an appeal. Legal sources explain that, in view of the appeal, the child will not be able to leave Israel for 7 days. Then, in the absence of measures to the contrary, the yes to return. Despite the favorable sentence, the child's return does not therefore appear so immediate. According to legal sources in Israel,Eitan will not be able to leave the country from today for the next 7 days. That is, for the period of time necessary for Shmuel Peleg to challenge the sentence with an appeal to the District Court of the city. After this time, and only in the absence of any contrary measures, the child can return to Italy. The contrary measures - or the blocking of the enforceability of Judge Ilotovich Segal's decision - could be taken by the Court to which the lawyers of Shmuel Peleg have announced the appeal with the aim of "continuing the battle in the interest of Eitan, of his well-being and the right to grow up in Israel as his parents wished ". If this did not happen, the re-entry would be automatic. Even if it is not excluded, after the appeal to the District Court,a further passage of the Supreme Court, last degree of judgment. The judge's reasons have fully accepted the conditions of the Hague Convention on the abduction of minors. And they rejected the thesis of Peleg's defense - who will also have to pay court costs, amounting to about 18 thousand euros - that Israel "is the normal place of life of the minor" and that the child "has two places of residence". "With the arrival in Israel, the grandfather - underlined the judge - removed the minor from the normal place of life. A departure contrary to the meaning of the Hague Convention"; "by doing so, he infringed the aunt's custody rights over the child himself". The judge also rejected Peleg's other theses "according to which aunt Aya Biran does not have the right to guardianship "or that" the return of the minor "to Italy" conflicts with the duty of her protection "by the grandfather. The 3 hearings (8, 9 and 10 last October) - the judge explained - they were conducted "at a brisk pace" since the Hague Convention is not "only for the good of the child but also has the purpose of creating deterrence against those who illegally take children from a state". reactions to the decision of the magistrate (which arrived 14 days after the last session) were obviously opposed. Eitan's maternal grandmother, Esther Peleg Cohen - who had already accused Italy of "killing her loved ones" on the Mottarone - is back attack. "It's a disastrous day. AND'a second disaster occurred after the one five months ago. It is - he said on TV - a national disaster. A day of national mourning "." I cannot understand the fact that Israel - he added - steals my last grandson, the residue of what remains of my daughter ". The decision of the Court - he insisted -" was influenced from political considerations on relations with Italy ". On the other hand the paternal family members of the child rejoice. To the" great joy "of the aunt, is added the comment of the Biran lawyers in Tel Aviv, more measured." While welcoming with satisfaction Judge Ilotovich's sentence ", they affirmed, however, we cannot speak" in this case of winners or losers. There is only Eitan,and all we ask is that she return soon to her home, her friends at school, her family, especially for the therapy and educational schemes she needs. "And from Italy, the paternal aunt's lawyers have observed that the sentence found "application of the principles and spirit of the Hague Convention." Amb. Israel, Eitan sentence proves judges independence "The decision of the court in Israel" on Eitan Biran's return to Italy, "is a testimony of independence of the legal system in Israel. We await the appeal, but in the meantime I wish him a good life. ”The Israeli ambassador to Rome, Dror Eydar, said in a forum at ANSA.in particular for the therapy and educational schemes he needs ". And from Italy the lawyers of the paternal aunt observed that in the sentence the principles and spirit of the Hague Convention found" application. Amb. Israel, sentence Eitan proves independence judges "The decision of the court in Israel" on the return of Eitan Biran to Italy, "is a testament to the independence of the legal system in Israel. We await the appeal, but in the meantime I wish him a good life. ”The Israeli ambassador to Rome, Dror Eydar, said in a forum at ANSA.in particular for the therapy and educational schemes he needs ". And from Italy the lawyers of the paternal aunt observed that in the sentence the principles and spirit of the Hague Convention found" application. Amb. Israel, sentence Eitan proves independence judges "The decision of the court in Israel" on the return of Eitan Biran to Italy, "is a testament to the independence of the legal system in Israel. We await the appeal, but in the meantime I wish him a good life. ”The Israeli ambassador to Rome, Dror Eydar, said in a forum at ANSA.Eitan ruling proves judges independence "The decision of the court in Israel" on Eitan Biran's return to Italy, "is a testimony to the independence of the legal system in Israel. We await the appeal, but in the meantime I wish him a good life". The Israeli ambassador to Rome, Dror Eydar, said this in a forum at ANSA.Eitan ruling proves judges independence "The decision of the court in Israel" on Eitan Biran's return to Italy, "is a testimony to the independence of the legal system in Israel. We await the appeal, but in the meantime I wish him a good life". The Israeli ambassador to Rome, Dror Eydar, said this in a forum at ANSA.
Shmuel Peleg, the maternal grandfather
Eitan case, Israeli court: "The child must return to Italy"
Eitan, the stages of a tragedy
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October 26, 2021The maternal grandparents of little Eitan, the child, the only survivor of the Mottarone massacre, are ready to appeal after the decision of the Tel Aviv court.
Eitan must return to Italy under the Hague Convention. The judge of the Tel Aviv Family Court agreed with Aya Biran, the child's paternal aunt.
Rejected the thesis of the maternal grandfather Shmuel Peleg according to which the woman, foster care of Eitan in Italy, had no right of guardianship. The man will have to pay the court costs.
The Pelegs announce an appeal. Legal sources explain that, in view of the appeal, the child will not be able to leave Israel for 7 days. Then, in the absence of contrary measures, the yes to return.
Despite the favorable sentence, the child's return does not therefore appear so immediate. According to legal sources in Israel, Eitan will not be able to move out of the country from today for the next 7 days. That is, for the period of time necessary for Shmuel Peleg to challenge the sentence with an appeal to the District Court of the city.
After this time, and only in the absence of any contrary measures, the child can return to Italy. The contrary measures - or the blocking of the enforceability of Judge Ilotovich Segal's decision - could be taken by the Court to which the lawyers of Shmuel Peleg have announced the appeal with the aim of "continuing the battle in the interest of Eitan, of his well-being and the right to grow up in Israel as his parents wished ".
If this did not happen, the re-entry would be automatic. Even if it is not excluded, after the appeal to the District Court, a further passage of the Supreme Court, last instance of judgment.
The judge's reasons have fully accepted the conditions of the Hague Convention on the abduction of minors. And they rejected the thesis of Peleg's defense - who will also have to pay court costs, amounting to about 18 thousand euros - that Israel "is the normal place of life of the minor" and that the child "has two places of residence".
"With the arrival in Israel, the grandfather - underlined the judge - removed the minor from the normal place of life. A departure contrary to the meaning of the Hague Convention"; "by doing so, he infringed the aunt's custody rights over the minor himself." The judge also rejected Peleg's other theses "according to which aunt Aya Biran does not have the right to guardianship" or that "the return of the child" to Italy "conflicts with the grandfather's duty to protect him".
The 3 hearings (8, 9 and 10 October last) - the judge explained - were conducted "at a fast pace" since the Hague Convention does not " it is only for the sake of the child but it also has the purpose of creating deterrence towards those who illegally withdraw children from a state ".
The reactions to the magistrate's decision (which arrived 14 days after the last session) were obviously opposite. Eitan's maternal grandmother, Esther Peleg Cohen - who had already accused Italy of "killing her loved ones" on the Mottarone - has returned to the attack. "It is a disastrous day. A second disaster has occurred after that of five months ago. It is - he said on TV - a national disaster. A day of national mourning". "I can't understand the fact that Israel - he added - steals my last grandson, the residue of what remains of my daughter". The court's decision - he insisted - "was influenced by political considerations on relations with Italy".
On the other hand, the paternal family members of the child rejoice. To the "great joy" of the aunt, is added the comment of the Biran lawyers in Tel Aviv, more measured. "While welcoming with satisfaction the sentence of Judge Ilotovich", they affirmed, we cannot however speak "in this case of winners or losers. There is only Eitan, and all we ask is that he return soon to his home, to his friends at school, to her family, especially for the therapy and educational schemes she needs. " And from Italy, the lawyers of the paternal aunt observed that the sentence found "application of the principles and spirit of the Hague Convention".
Amb. Israel, Eitan sentence proves judges independence
"The decision of the court in Israel" on Eitan Biran's return to Italy, "is a testimony of the independence of the legal system in Israel. We await the appeal, but in the meantime I wish him a good life".
The Israeli ambassador to Rome, Dror Eydar, said this in a forum at ANSA.
