EKATERINBURG, 8 Feb - RIA Novosti. The Zheleznodorozhny District Court of Yekaterinburg considered the civil suit of the Italian citizen Luigi Di Salvio against his wife Daria and decided to hand over to the man a two-year-old daughter, whom the mother allegedly abducted and held in Russia, the defense intends to appeal this decision, the lawyer of the Russian woman Mikhail Tryasoumov told RIA Novosti.
According to the lawyer, the court in making its decision was guided by the provisions of the Hague Convention on the Civil Aspects of International Child Abduction, according to which the country of usual residence of the child becomes the priority in resolving disputed family issues.
"Italy has not confirmed Russia's participation in the convention. That is, Italy itself signed the convention, however, like us, in 2011, but for the convention to take effect, it is necessary that a couple, in our case Russia-Italy, approve the use of this conventions in relations between these two countries Italy at a certain time did not approve of Russia's participation in the convention, so I think, purely for formal reasons, the convention could not be applied by the Railway District Court, "the agency's interlocutor said.
The court applied the Hague Convention, because Di Salvio gave his wife permission to visit the child in Russia from September to the last days of November, therefore, when the Russian woman did not return on time, the man indicated that the wife had kidnapped their daughter.
According to the lawyer, the document provides for several exceptions according to which the child cannot be returned to the country of residence: if the parent did not raise, maintain the child, or abused his parental rights, and if the return of the child creates a real possibility of causing him physical or psychological harm.
"Right now it must be proved. The child is small - two years old. Mom is a connecting link not only in the relationship between daughter and mother, but also as a means of communication, because the child does not yet speak Italian, and the father does not know Russian," he explained lawyer.
As Daria Di Salvio herself told the agency, she and her daughter flew out of Italy twice a year for a session, because she is getting a second higher education.
“We lived in Russia for at least a month and a half on each trip,” Daria clarified, noting that the girl was used to being in Russia.
She also noted that all conditions have been created in Yekaterinburg for a comfortable stay of a child.
"I am a teacher, I work in the Children's Variety Theater. I have a good salary. In Italy I tried to earn something in order to somehow hold out in order to fly home to relatives. My parents have their own house, the child has a share in it. the child has everything: fresh air, healthy food. My mistake was that at first I was without a lawyer in court, "said the Russian woman.
The next step for the woman and her lawyer will be to appeal to the Sverdlovsk Regional Court.
“Next, we will work in the appeal proceedings, we will prepare an appeal. We believe that there are grounds for canceling the court decision,” concluded Tryasoumov.