Everyone hopes that the custody fight over the Taiwanese-Brazilian boy Iruan Ergui Wu (
Unfortunately, as in most custody fights, that is just not possible -- especially in a case such as this, where the two families are on different sides of the globe, making joint custody not a realistic option. Under the circumstances, the only option left is to respect the decision of the court, not only based on the law but also in view of what is the best for the child.
Unfortunately, in this regard, the Taiwanese family of the boy -- although out of love for the child -- serves as a very bad example for us all.
Anyone who is familiar with the law knew from the beginning that it was an impossible battle for the Taiwanese family -- because according to Taiwan law, grandparents who reside with a child at the time that the child's only surviving parent dies have priority in custody. Under the circumstances, the maternal grandmother of Iruan, Rosa Ergui, has priority over the child's paternal uncle, Wu Huo-yen (
This is not to mention the fact that Iruan's father appointed Rosa Ergui as the child's guardian before his death -- since the child lived with his grandmother, not his father, after his mother's death.
For those who say that the decision by the courts was made purely on legal grounds without any consideration of non-legal factors -- this kind of criticism is unfair to the judiciary. Since the custody fight evolved into an international dispute, the court took every possible step to determine what was best for the child. Not only was the child interviewed by specialists, but the court sent personnel to Brazil to find out more about the kind of environment that the Brazilian family could provide the boy.
Moreover, one factor that should not be overlooked is this -- almost all child psychiatrists agree that a child is always best off growing up with siblings who are related by blood. The fact that Iruan has a half-brother in Brazil played a role in the court's decision.
One non-legal factor that the Taiwanese family insists should have played a more important role is the wishes of the child himself. But one cannot help but ask who asked for the child's permission when his family here insisted on keeping him away from the only family he had known until then -- his Brazilian family? Why did no one think about respecting his wishes then? If he was too young to make his own decisions at that time, what makes anyone think that two years later -- as a nine-year-old -- he is now prepared to decide?
Besides, having been repeatedly placed in situations in which he was urged by his Taiwanese family to express displeasure not only about returning to Brazil but also about his Brazilian grandmother, the child may be not only riddled with guilt but also afraid of the reaction from his Brazilian family once he returns to Brazil. Under the circumstances, no wonder Iruan is feeling anxiety about returning.
The child's Taiwanese family should stop making him choose sides in front of the media, and stop provoking resentment in him about returning to Brazil. That can only make it more difficult for the child to readjust to his Brazilian family upon his return, which is something that no one who truly loves the child would wish to see.
In the long run, the two families must learn to come to terms with each other -- for the child's sake, if nothing else.
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