FAMILY COURT OF AUSTRALIA
| NIXON & NIXON (NO. 2) | [2013] FamCA 839 |
| FAMILY LAW - CHILDREN - With whom a child lives – Relocation. FAMILY LAW - ORDERS – Enforcement. | ||
APPLICANT: | Ms Nixon | |
| RESPONDENT: | Mr Nixon |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Smith |
| FILE NUMBER: | MLC | 2061 | of | 2009 |
| DATE DELIVERED: | 24 July 2013 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Senior Registrar FitzGibbon |
| HEARING DATE: | 17 July 2013 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Dr Ingleby (hearing) Mr Vadarlis (judgment) |
| SOLICITOR FOR THE APPLICANT: | Vadarlis & Associates |
| COUNSEL FOR THE RESPONDENT: | In person |
| SOLICITOR FOR THE RESPONDENT: | Mr Nixon Address known to Court |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | No appearance |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Victoria Legal Aid |
Orders
IT IS ORDERED
Relocation
1)That paragraph 202-220 of the affidavit of the husband filed 31 May 2013 be struck out.
2)That until further order paragraphs 4, 5, 6, 7, 8, 9, and 10 of the final parenting orders made 13 January 2012 with respect to the children N Nixon (female) born … 2000, S Nixon (female) born … 2001, and I Nixon (female) born … 2005 (“the children”) be suspended.
3)That the children be permitted to be relocated until further order to Canberra, ACT, and to live with the wife thereafter pending final determination of the matter and subject to order 4.
4)That until further order the child N is to remain enrolled at TP School, Canberra, ACT and the children S and I at FP School, Canberra, ACT and such enrolments not altered without prior order of the Court.
5)That until further order the children, or any of them, may spend time and communicate with the husband as agreed between the parties NOTING THAT any such proposals ought be in writing with the precise terms or any conditions and arrangements for travel and accommodation specified including who pays for it, where changeover occurs, and be exchanged and given to the Independent Children’s Lawyer (“ICL”).
6)That the husband and wife take all steps to give authority to the ICL to communicate with any school, person, or agency about the children or the issue of school enrolment and fees.
7)That the wife give all necessary authorities to the children’s schools to enable the husband to receive directly from those schools at his expense, if any, copies of the children’s school term reports and all other materials parents receive.
8)That pursuant to Sections 65DA(2) and 62B the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these orders.
Enforcement
9)That the Application in a Case of the wife filed 28 June 2013 and Response to an Application in a Case of the husband filed 15 May 2013 be dismissed.
10)That the Application in a Case of the wife filed…
Keep reading for free
Create a free CaseChat account to read Nixon and Nixon (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] FamCA 839
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether to permit the relocation of the children to Canberra, the suspension of existing parenting orders concerning the children's time with the husband, and the management of ongoing enforcement proceedings. The court also considered the role of the Independent Children's Lawyer (ICL) and the disclosure obligations of the parties.
Senior Registrar FitzGibbon ordered that certain paragraphs of the husband's affidavit be struck out. Crucially, the court suspended specific provisions of the final parenting orders made on 13 January 2012, allowing the children to relocate to Canberra to live with the wife pending further order. The children were to remain enrolled in their respective schools in Canberra, and their time and communication with the husband were to be as agreed between the parties in writing, with specific details to be provided to the ICL. The court also directed both parties to provide necessary authorities to the ICL and schools to facilitate communication and the exchange of school reports. Enforcement applications were dismissed or adjourned for a priority final hearing before Justice Cronin, with detailed directions given for the preparation of minutes of final orders, disclosure, and cost statements.
Orders
Orders of the court
IT IS ORDERED
Relocation
1) That paragraph 202-220 of the affidavit of the husband filed 31 May 2013 be struck out.
2) That until further order paragraphs 4, 5, 6, 7, 8, 9, and 10 of the final parenting orders made 13 January 2012 with respect to the children N Nixon (female) born … 2000, S Nixon (female) born … 2001, and I Nixon (female) born … 2005 (“the children”) be suspended.
3) That the children be permitted to be relocated until further order to Canberra, ACT, and to live with the wife thereafter pending final determination of the matter and subject to order 4.
4) That until further order the child N is to remain enrolled at TP School, Canberra, ACT and the children S and I at FP School, Canberra, ACT and such enrolments not altered without prior order of the Court.
5) That until further order the children, or any of them, may spend time and communicate with the husband as agreed between the parties NOTING THAT any such proposals ought be in writing with the precise terms or any conditions and arrangements for travel and accommodation specified including who pays for it, where changeover occurs, and be exchanged and given to the Independent Children’s Lawyer (“ICL”).
6) That the husband and wife take all steps to give authority to the ICL to communicate with any school, person, or agency about the children or the issue of school enrolment and fees.
7) That the wife give all necessary authorities to the children’s schools to enable the husband to receive directly from those schools at his expense, if any, copies of the children’s school term reports and all other materials parents receive.
8) That pursuant to Sections 65DA(2) and 62B the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these orders.
Enforcement
9) That the Application in a Case of the wife filed 28 June 2013 and Response to an Application in a Case of the husband filed 15 May 2013 be dismissed.
10) That the Application in a Case of the wife filed 14 May 2013 for enforcement of child support, property and spousal maintenance orders, and the response to it by the husband filed 15 July 2013 be adjourned before the Honourable Justice Cronin for mention on 30 July 2013 at 9.00am to consider listing it for priority final hearing and be subject to such further and/or other orders or directions as may be made by his Honour:
NOTING THAT
(a) there are no current applications or response for final parenting; and
(b) the matter will be listed with priority before a Judge of the Court for final determination having regard to its readiness.
11) That the parties and if represented, their legal practitioners, attend on 30 July 2013.
12) That by noon on 29 July 2013 each of the applicant wife and respondent husband prepare a precise minute of final orders sought with respect of enforcement and parenting and exchange all of them and send to the ICL and send a copy of the Associate to Justice Cronin at ....
13) That upon receipt of the minutes in order 12 the ICL advise each party of her views and any proposals by her and present to the Court a copy of those orders on the adjourned date.
14) That if discovery and disclosure has not been completed, each party by 4.00pm on 26 July 2013 provide to the other party and a copy to the ICL a list of all documents required for production or inspection and they by 12 noon on 29 July 2013 confirm in writing what each has in their possession, power or control and if not so, where those documents or things are located.
15) That to the extent that any party wishes to participate in any form of negotiation or mediation prior to the final hearing, arrangements be made prior to the first day of hearing.
16) That at the mention before Justice Cronin, each party represented by a lawyer have available to them and present to the Court, a statement setting out the costs incurred to that date, what amounts have been paid, from what source payments have been paid and what costs are expected to be incurred until the completion of the final hearing.
17) That the applicant and respondent ensure that any interested third party is informed of the mention so they may attend if they consider it necessary to do so and if they wish to apply to intervene or be heard by the Court.
18) That the costs of the wife of and incidental to these applications be reserved.
IT IS CERTIFIED
19) That pursuant to Rule 19.50 of the Family Law Rules this matter reasonably required the attendance of Counsel.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.