Sat, May 26, 2001 page8

• Iruan belongs in Brazil, not Taiwan

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  What should have been a simple custody dispute over Iruan Ergui Wu (吳憶樺), a five-year-old orphan boy born to a Taiwanese father and a Brazilian mother, may snowball into a major diplomatic brawl. In view of the rising number of marriages between Taiwanese and foreign nationals, the government needs to set a good precedent by handling the dispute both in accordance with the law and in the best interests of the boy. Otherwise, Taiwan risks becoming a snobbish bully in the eyes of the world.

  Before Iruan's father Wu Teng-shu (吳登樹) died, he made the boy's maternal grandmother, Rosa Leocadia Ergui, the boy's legal custodian. Even Iruan's uncle, Wu Huo-yen (吳火眼), who wants to keep the boy with him, concedes that the law does not appear to be on his side.

  As for the uncle's outraged denial of allegations that he has "kidnapped" Iruan, the law may not be on his side either. Since Iruan is a minor and his grandmother is his custodian, if he remains in Taiwan without her consent, the uncle could technically be guilty of kidnapping.

  Normally, a person seeking custody of a minor needs to petition the court. While the case is pending, the child would remain with his or her lawful custodian. So, why should Iruan's case be handled any differently? The proper thing for the uncle to do is to challenge the grandmother's custody in court, rather than refusing to return the child to Brazil.

  In addition, in almost any court where custody of a minor is in dispute, grandparents, being closer in blood relation to the child, are preferred custodians over uncles and aunts.

  It is outrageously arrogant to think that it is in Iruan's best interest that he stays in Taiwan. While Taiwan may be wealthier than Brazil, money is not the criterion here. The boy was raised by his grandmother in Brazil. Why pull him away from a familiar environment and people? In most custody cases, the court goes out of its way to prevent disruption of the minor's life by upholding the custodian's rights unless that person is found to be unfit. The boy's father must have given custody to Iruan's grandmother because he believed her to be a "fit custodian" and trusted that staying with her would be in his son's best interest. In addition, all the discussion about the grandmother's financial difficulties and the uncle's willingness to turn over the house and the bank account the boy inherited to her are nothing more than a blatant attempt to insinuate that she is simply after money.

  In recent years, people from Taiwan have gained an image of being "rich bullies" as incidents of overseas labor disputes involving Taiwanese management make headlines both at home and abroad, as well as complaints about the behavior of tourists from Taiwan in several countries. Taiwan may never be able to leave this image behind it if the dispute over Iruan continues to be handled as it has been. Such behavior is extremely damaging to a country desperately trying to become an accepted member of the international community.

  If law and reason were truly on the side of Iruan's relatives in Taiwan, our government would have every reason to fight for the dignity and the rights of its citizens, even if it means souring foreign ties. But that isn't the case.

  The sooner Iruan is reunited with his grandmother the better it will be for both the boy and Taiwan. However, having seen the warmth and affection with which Iruan's Taiwanese relatives regard him, it is to be hoped that this custody fight will not lead to a permanent severing of ties between the two sides of his family.
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