Thu, Nov 27, 2003 page4

• Wus make final play for Iruan

  CUSTODY DISPUTE The Wu family argued that a lower court had not recognized the child's grandmother as guardian, but their appeal seemed to lack legal weight

  • By Jimmy Chuang / STAFF REPORTER
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  Taiwanese family members of Taiwanese-Brazilian boy Iruan Ergui Wu (吳憶樺) yesterday continued attempts to prevent him from being returned to Brazil, arguing that a district court had not recognized his Brazilian grandmother's guardian status.

  They claimed the status of the child's grandmother, Rosa Ergui, had been suspended prior to a Supreme Court verdict denying their custody.

  

  Taiwanese-Brazilian boy Iruan Ergui Wu, accompanied by his uncle and other relatives, tells reporters that he does not want to go back to Brazil during a press conference yesterday.

  PHOTO: SU FU-NAN, TAIPEI TIMES

  However, Ergui's lawyer said that the Wu family's request on the matter had already been declined by the Kaohsiung branch of the High Court.

  On Nov. 13, the Supreme Court upheld the High Court decision that Ergui held guardianship and that the child must return to Brazil.

  Brazil Business Center Director Paulo Pinto has said he will personally escort the child back to Brazil before the end of the year.

  Speaking on behalf of the the Wu family, lawyer Wu Chiu-li (吳邱麗) and Chinese Nationalist Party (KMT) Legislator Lin Yi-shih (林益世) held a press conference yesterday morning where they said Pinto might still be prevented from returning the child.

  Wu Chiu-li said that the Kaohsiung District Court had assigned five members of the Wu family to form a family council, which subsequently decided to suspend Ergui's guardianship in April.

  "The family council made the decision according to Article 1101 and 1106 of the Civil Code and the decision was submitted to the district court before the Supreme Court announced its decision. The Erguis were authorized to appeal within three months but they never did," said Wu.

  Article 1101 states that a guar-dian may not use or dispose of the ward's property except in the ward's interest, while Article 1106 states a family council can dismiss a guar-dian if the guardian does not fulfill legal duties, is insolvent or acts contrary to the council's directions.

  "Since the family council's decision was made before the verdict, and because the Erguis did not appeal, the verdict did not alter the fact that Ergui no longer retained guardianship," Wu said.

  However, Hsu Wen-bin (許文彬), Ergui's lawyer, said that after the Wus filed their request to the Kaohsiung branch of the High Court, it was refused on April 4.

  "Their request to suspend Ergui's guardianship is not viable," said Hsu.

  Hsu said that, according to the Civil Code, Iruan's linear relatives will always have priority over those assigned to a family council.

  In Iruan's case, Ergui should have been a member of the family council but was not included, he said.

  But although the high court upheld Ergui's appeal, the argument Hsu presented was not the basis of the court's decision.

  "The high court's reason was this: Iruan's household registration was in Brazil, so the Wu family council's request to suspend Ergui's guardianship should have been submitted to [the appropriate] court in Brazil instead of the Kaohsiung District Court, since the Kaohsiung District Court did not have jurisdiction over the case," Hsu said.
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