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SUPREME COURT NO. E021298
OF BRITISH COLUMBIA VANCOUVER REGISTRY
VANCOUVER REGISTRY
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
ALEXANDER MURRAY WOOD
PLAINTIFF
AND:
AYAKO WOOD
DEFENDANT
ORDER
BEFORE THE HONOURABLE
MR. JUSTICE HOOD
WEDNESDAY THE 18TH DAY OF FEBRUARY, 2004
THE TRIAL of the within proceeding coming on for hearing before me on this day in Vancouver, British Columbia, on February 9, 10 and 11, 2604; AND UPON hearing FIONA K. ROBIN, counsel for the Plaintiff and no one appearing for the Defendant; AND UPON having read the pleadings and what was alleged by counsel aforesaid: (and judgement reserved until this date)
THIS COURT ORDERS THAT:
1 The Plaintiff will have sole custody and guardianship of ALEXANDER TAKARA MANIWA-WOOD, born May 21,1994 and MANAMI SHEONA MANIWA-WOOD, born January 6, 1997 (the "Children").
2. The Defendant will have reasonable access to the Children only if the following occur:
a. The Defendant must produce to the Plaintiff, by the second last day of each month, her exact, complete monthly work schedule for the following month, and
b. Upon receipt of the Plaintiffs schedule setting out the Defendant's access for the following month (the "Schedule of Access"), the Defendant must confirm, in writing, and in English, and deliver the confirmation to the Plaintiff within 48 hours, by email, that she will exercise the access as set out in the Schedule of Access.
If the Defendant does not comply with either Paragraph 2(a) or (b), there will be no access for that month.
3. When setting the Schedule of Access, the Plaintiff will do the following:
a. Each month assign to the Defendant a minimum of one weekend or a maximum of two weekends per month of access ("Weekend Access"), in accordance with the Defendant's schedule, except for the months in which the Defendant will have Christmas Break or Spring Break access or the Children will be on vacation with either the Plaintiff or the Defendant;
b. Each month assign to the Defendant two mid-week days when she can spend the hours between 4:00 p.m. and 7:00 p.m. with the Children. These days will be assigned in accordance with the Defendant's schedule and the Children's extra-curricular activityschedule. The Plaintiff will drop off the Children at the home of the Defendant at 4:00 p.m. and the Defendant will drop off the Children at the home of the Plaintiff at 7:00 p.m.
c. In the month of December, assign to the Defendant access every day from December 27 until 7:00 p.m. the night before the Children return to school at the end of the Christmas break ("Christmas Break Access"), in accordance with the Defendant's schedule;
d. In the month of March, assign to the Defendant as much of the Spring Break as possible on odd years ("Spring Break Access"), in accordance with the Defendant's schedule;
e. In the month in which Easter falls on each even year, assign to the Defendant The Easter Weekend, in accordance with the Defendant's schedule.
4. The Children will telephone the Defendant twice a week at their bedtime. The Children will telephone the Defendant on her cellular phone on those days when she is not at home. If the Children are unable to reach the Defendant by telephone, they will send her an email.
5. The Defendant will have three (3) consecutive weeks of holiday with the Children each calendar year, of which only two (2) of those weeks can occur when school is in session so that the Children do not miss more than 10 consecutive days o school. The Defendant must provide the Plaintiff with written notice, in English, of her intention to take those holidays by March 30 of each year. If the Defendant receives notice that the process used by her employer to award holiday time changes, she will advise the Plaintiff immediately of that change.
6. Weekend Access will commence at 5:00 p.m. Friday evening when the Plaintiff drops the Children at the home of the Defendant and end at 7:00 p.m. Sunday evening when the Defendant drops the Children at the home of the Plaintiff.
7. The Defendant must not contact the Children or retrieve the Children at any time she does not have access as specified by the Schedule of Access.
8. The Defendant, AYAKO WOOD, born June 2, 1968, shall be restrained and enjoined from harassing, annoying or communicating with the Plaintiff or the Children when the Children are in the presence of the Plaintiff or attempting to do so.
9. The Defendant is not to attend at the Children's school except for the express purpose of attending the Children's sporting events and school special events. School special events shall be defined as school concerts and school plays.
10. The Defendant will not remove the Children from the jurisdiction of the Lower Mainland of British Columbia at any time without written permission of the Plaintiff or order of this Honourable Court.
11. The Defendant, AYAKO WOOD, born June 2, 1968 is restrained from attending the home of the Plaintiff for any reason other than returning the Children to the Plaintiff as according to the Schedule of Access for that month.
12. The Plaintiff and the Defendant shall each take all reasonable steps to encourage the relationship between the Children and the other party. Neither the Plaintiff or the Defendant will speak disparagingly of the other party in the presence of the Children.
13. Either party shall be at liberty to make application to the Court with respect to the access regime imposed by this Order.
14. The Defendant will pay to the Plaintiff the costs of this proceeding.
