Nixon and Nixon (No 2)

This matter came before Senior Registrar FitzGibbon concerning parenting orders for three children. The dispute involved an application by the wife to relocate the children to Canberra, ACT, and the husband's opposition to this move. The court was also required to address various enforcement applications related to child support, property, and spousal maintenance.

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.