The feud, the Ferrari and the baby's fall
Hownow
Parents of girl who
plunged from bridge
had troubled history
ROBERT MATAS
British Columbia Bureau, Vancouver
Nadia Hama and Kjeld Werbes fought over just about everything.
Over the past two years the separated parents of 18-monthold girl who
survived a 45-metre fall off a bridge in North Vancouver this week
fought in court over his $65,000 Ferrari GTS and the $460,000 Whistler
condominium. They fought over child support, spousal maintenance,
disposal of assets and restraining orders.
The B.C. Supreme court had to issue a ruling on whether their son,
Jovan, should go to Montessori school for a full day or a half day.
The court was also required to rule on whether Mr, Werbes was required
to buy a 'toddler seat for the Ferrari and whether he could drink any
alcohol while he had custody of Jovan.
After the baby's fall from the bridge on Wednesday, child welfare
authorities assumed guardianship of both children, pending a court
hearing next week.
Ms. Hama, an esthetician with family in Syria, was 38 when the court
battles began in the spring of 1998.
Her husband, Mr. Werbes, 54 at that time, is a lawyer practising
securities law in Vancouver, mainly in the resource and mining sector
of Vancouver Stock Exchange-listed companies.
Court documents say Mr. Werbes had assets of $2.3-million in the spring
of 1998. These included properties in Vancouver, Cape Breton and the
United States, as well as condos in Whistler and Vancouver. He also had
substantial debts, including owing Revenue Canada about $300,000 in
back taxes.
The couple married in Las Vegas in November, 1996, two years after
Jovan was born. It was Ms. Hama's fifth marriage and the second for Mr.
Werbes.
Ms. Hama has not worked outside the home since Jovan was born. Their
daughter, Kaya, who has Down syndrome, was born in April, 1998, three
months after they separated.
Despite their separation in January, 1998, Ms. Hama told the court last
October that she was pregnant and that Mr. Werbes was the father. Mr.
Werbes questioned the paternity of Jovan and the issue was resolved by
testing.)
Since 1998, Ms. Hama and Mr. Werbes have been to court several times.
Documents filed in connection with their disputes set out aspects of
their stormy relationship as well as their finances. They weren't
available for interviews yesterday.
The documents show Kaya was one of many sources of disagreement. A
month after her birth, Mr. Werbes wanted the court to issue a
restraining order to ensure that Ms. Hama did not take the two children
to Damascus for the summer.
And then, in October, six months after Kaya's birth, the B.C. Ministry
for Children and Families cancelled its assistance to Ms. Hama.
The government had provided her with help at home for 20 hours a week
so she could rest or tak4 Jovan to his activities and classes. The
service was withdrawn "due to the existing political and fiscal
climate," the court was told.
(The ministry said yesterday that it would investigate the decision to
cut off the service.)
Ms..Hama asked the court to order an increase in child support to
compensate for the loss. Also, the parents could not agree on when Mr.
Werbes would see Kaya.
The court was required to rule that Ms. Hama was entitled to some
respite from the care of the children and that Mr. Werbes should have
both at the same time.
Kaya, though; was not central in their dispute, according to the
documents filed in court. Ms. Hama and Mr. Werbes had many other
issues. They could not even agree on when they started to live
together.
Both said they met in 1989. But Ms. Hama said they began to live
together in November, 1992. Mr. Werbes maintained they had an on-
and-off relationship and did not live together until September, 1996.
Mr. Werbes argued in court that he was not required to provide any
support for Ms. Hama or the two children - because he and his wife had
signed a prenuptial agreement
before they left for Las Vegas to be married. The agreement provided
for child support of $850 per child per month and a payment of 200,000
if anything went wrong in their relationship before 2006.
Mr. Werbes insisted that both he and Ms. Hama had signed the agreement,
which they negotiated, each assisted by their respective lawyers. But
he could not show a copy of the agreement to the judge.
He told the court that Ms. Hama met with her counsel at his home before
they went to Las Vegas. When he returned home, Ms. Hama was in the
shower. He asked w1wther she had signed the documents. She replied that
the agreements had been signed and were in the dinette in the dining
room.
Mr. Werbes said he saw the papers, confirmed they were signed and left
them in the drawer. However, after returning from Las Vegas, he could
not find them.
Ms. Hama told, the court that the agreement, which was not given to Mr.
Werbes, was not binding upon her. Also, she did not acknowledge that
she signed it.
Ms. Hama also maintained that, in any event, the agreement was unfair
and she shouldn't be bound by it.
Regardless, Mr. Werbes did not pay out the $200,000 and the court found
that Ms. Hama, who was unable to seek employment with two children at
home, needed support.
In June, 1998, the court ordered Mr. Werbes to pay $2,311 a month for
child support, $1,000 a month for spousal maintenance and $2,097 a
month for mortgage and taxes on the family home, for a total of about
$65,000 a year.
The court reduced child support to $1,717 a month in November, 1998,
but after Ms. Hama lost support from the provincial government for
Kaya, the court in March increased the monthly maintenance payment by
$500.
The court rulings also deal with Mr. Werbes's failure to make regular
child-support payments, actions that prevented Ms. Hama from having
access to the Whistler condo and his handling of the sale of the
Ferrari to pay his arrears.
In an affidavit filed in February, 1999, Mr. Werbes stated that the
court orders had rendered him insolvent "and if I do not obtain
immediate relief, I will be forced to seek protection under the
provisions of the Bankruptcy Act Š"
Mr. Werbes was found to be in contempt of court last month for failing
to obey interim court orders dealing with the Ferrari and the Whistler
condo.
Maggie
>Ms. Hama, an esthetician with family in Syria, was 38 when the court
>battles began in the spring of 1998.
***What is an esthetician? Is it a job?
Maggie
"I don't pay them for sex. I pay them to leave."--Clark Gable on why he used
prostitutes
Martha
>
> howard quoted a news story:
> >battles began in the spring of 1998.
>
>
Someone who does makeup.