The Tel Aviv Family Court ruled today (Monday) that six-year-old Eitan Biran, who lost his family in a cable car crash in Italy, will return to live with his family in Italy.
Judge Iris Ilotovich-Segal did not accept the claim of Eitan's grandfather, Shmuel Peleg, who allegedly abducted the child to Israel, because Israel was Eitan's place of residence.
The court also ruled that Peleg's claim that the boy's aunt Aya had no custody rights was incorrect. According to the ruling, Peleg violated her custody rights by bringing Eitan to Israel.
"The court did not accept the grandfather's claim that Israel was the minor's regular residence, nor the claim that the minor had two regular residences - Israel and Italy. The minor, a six-year-old boy, moved with his entire family to Italy when he was only a month old," Judge Ilotovich-Segal wrote.
"When the grandfather came with the minor to Israel, the grandfather removed the minor from his normal place of residence, an unlawful removal, thereby violating the rights of custody," the ruling stated. "This is not a decision regarding the benefit of the minor, the continuation of the conflict in Italy must be allowed."
The court also ruled that Peleg must pay expenses in the amount of NIS 70,000.
Eitan is the sole survivor of a cable car crash in Italy, which killed 14 people, including both his parents and his two-year-old brother. He was brought to Israel by his grandfather Shmuel Peleg without his guardian aunt's permission. Both sides have engaged in a legal battle for custody of the child.