No.E021298
Vancouver Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
ALEXANDER MURRAY WOOD
PLAINTIFF
AND:
AYAKO WOOD
DEFENDANT
BEFORE A JUDGE OF THE COURT ) Friday the 26th day of November, 2004
ON THE APPLICATION of the Plaintiff, without a hearing AND BY CONSENT;
AND UPON THE COURT BEING ADVISED THAT from April 2002 to June 30, 2004, the
Defendant's share of extraordinary expenses is $5,790.24 and that the Defendant
has not contributed to these expenses;
THIS COURT ORDERS THAT:
1. The Defendant shall pay to the Plaintiff the extraordinary expenses of
$5,790.24 by paying the sum of $200.00 per month commencing December 1, 2004 and
each and every month thereafter until the Arrears have been paid.
2. The Defendant shall pay to the Plaintiff the sum of $325.00 per month
for extraordinary expenses until further agreement or until further Order of
this Honourable Court.
3. The Defendant will pay for the Japanese lessons of the children, namely
ALEXANDER TAKARA MANIWA-WOOD, born May 21, 1994 and MANAMI SHEONA MANIWA-WOOD,
born January 6, 1997 (the Children) and those payments will be made by the
Defendant directly to the Japanese school.
4. The Plaintiff will pay for the Children's Highland dancing lessons and
bagpipe lessons and those payments will be made by the Plaintiff directly to the
respective schools.
AND THIS COURT ORDERS THAT:
5. The Defendant may take the Children to Japan for the period Saturday,
November 27, 2004 to Thursday, December 9, 2004 on the following terms:
a. The British Columbia Supreme Court, Vancouver Registry has sole
jurisdiction over the Children;
b. The Defendant will not commence any application for custody,
guardianship, or access in any other jurisdiction other than the Province of
British Columbia;
c. During the entire period the Defendant is in Japan with the Children,
she will stay at the home of her parents, Goro and Hiroko Maniwa at Saitamaken
Saitama City Ennami. If the Defendant changes her plans and stays elsewhere in
Japan, she will immediately email the new contact information to the Plaintiff.
d. Upon the Defendant's return from Japan, and in any event, no later than
19:00, Thursday, December 9, 2004, the Defendant will return the Children's
passports to the Plaintiff.
e. The Defendant will have the Children communicate with the Plaintiff at
least two times by telephone between 18:00 and 20:00 Pacific Standard Time while
the Children are in Japan.
f. The Children will be returned to the Plaintiff at 19:00 on Thursday,
December 9, 2004.
AND THIS COURT FURTHER ORDERS THAT:
6. The Order of the Honourable Mr. Justice Hood pronounced February 18,
2004 will be varied as follows:
a. in the years where the Easter weekend falls at the end of Spring Break,
Easter access will commence at 4:00 p.m. on Thursday of that week.
b. in place of Paragraph 4 of the Order of Mr. Justice Hood, the Children
will telephone the Defendant at her home twice per week during the weeks the
Defendant does not have access to the Children. If the Children cannot reach the
Defendant by phone, they are not required to send an email to the Defendant.
c. the Defendant's weekend access will commence at 4:00 p.m. each Friday
afternoon rather than at 5:00 p.m.
d. the Defendant shall be restrained and enjoined from harassing, annoying
or communicating with the Plaintiff's parents, namely Alexander Ian Murray Wood
and Marilyn Fay Wood and the Plaintiff's partner, Brett Whitelaw.
e. The remainder of the Order of Mr. Justice Hood pronounced February 18,
2004 remains in effect.
BY THE COURT
DISTRICT REGISTRAR
APPROVED TO FORM AND
BY CONSENT:
F Robin
Counsel for the Plaintiff
A S De Ciantis
Counsel for the Defendant