Iruan Ergui Wu Returns to Brazil

The recent struggle between Taiwanese and Brazilian relatives over Iruan Ergui Wu was strikingly similar to the sensational battle that erupted in 2000 over young Cuban Elian Gonzalez, "the world's most famous refugee." The denouement to that case was horrendous-armed federal agents stormed the home of Elian's uncle in Miami and held friends and relatives at bay as the boy was taken back by his father to Cuba. The world was shocked by the spectacle of government agents waving automatic rifles and bursting into a private home to wrest the cowering child from his hiding place in a closet.

But what happened to Elian Gonzalez and Iruan Ergui Wu is not so unusual. All too many children are forced to choose sides in battles that erupt between the adults in their world. These two cases attracted particularly close attention mainly because they involved international legal battles.

Iruan's father, Wu Teng-shu, was the captain of a fishing boat who spent most of his time at sea. Wu fell in love in Uruguay with a woman from Brazil, leading to the birth of Iruan in 1995. Wu sent money every month to support his family, whom he was only able to see when the ship visited port in Uruguay. Iruan's mother, however, fell sick and died. Wu put Iruan in the care of the boy's maternal grandmother, and signed an undertaking acknowledging the latter as guardian.

Later, however, Wu came to feel that Iruan wasn't receiving proper care. In March 2001, Wu took Iruan to visit his relatives in Taiwan. But just a few days later, Wu died unexpectedly of a heart attack.

Wu's brother, Wu Huo-yen, was determined to carry out Wu's dying wish to see Iruan raised in the Wu family, and so petitioned the Kaohsiung District Court for custody. In the meantime, Iruan's grandmother in Brazil retained a lawyer in Taiwan to file a custody action. The ensuing litigation dragged on for three years before a final judgment eventually awarded custody to Iruan's grandmother.

After the Chinese new year in late January, the Kaohsiung District Court issued a final notice for Iruan's return, and his school held a farewell party for him. But then when Brazil's chief diplomatic representative in Taiwan, Paulo Antonio Pereira Pinto, showed up in Kaohsiung to escort Iruan back, the Wu family refused to hand the boy over. Eventually the court sent police to enforce the judgment and a shoving match ensued. A badly frightened Iruan was seen crying amidst the chaos. Fortunately, however, Iruan was finally able to board a plane for Brazil in the reassuring presence of his aunt, lawyer, and others.

Huge crowds thronged to see Iruan handed over, including friends, relatives, local residents, and journalists. It was a distressing sight, and in fact the situation very nearly spun out of control. Wang Meien, director of the Child Welfare League Foundation's Research Department, wrote an article decrying the unprofessional manner in which the affair was handled, pointing out that calm, rational discussion between the parties to the dispute was not possible because no family law expert was ever appointed to facilitate communication between them.

Many of Iruan's friends and relatives in Taiwan may be worried about him having a rough time adjusting to life with his grandmother due to the language barrier and unfamiliar customs. In fact, however, a "Welcome Home, Iruan" committee (comprising his former teachers in Brazil, city councilors, and human rights groups) has been set up. The group has prepared for Iruan to receive scholarships all the way to university, and has also arranged counseling for him. Wu Cheng-tao, a Taiwanese businessman in Brazil who is familiar with Iruan's Brazilian family, has expressed confidence that with the concern and support that everyone is showing in Brazil, Iruan will no doubt surprise everyone with how well he adjusts.

It was with great reluctance that Taiwan saw Iruan go, but we need to brace ourselves for more such occurrences, for international marriages are becoming quite commonplace. In particular, brides are pouring in from Southeast Asia and mainland China in ever growing numbers. Iruan's case should serve as a wake-up call, and spur us to establish an effective response mechanism. The challenge we face in the future is how to put the interests of children first and achieve the best possible solution when these disputes arise.