BELL & PERRY
Case
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[2015] FamCA 136
•2 March 2015
Details
AGLC
Case
Decision Date
BELL & PERRY [2015] FamCA 136
[2015] FamCA 136
2 March 2015
CaseChat Overview and Summary
In *Bell & Perry*, Hogan J of the Family Court of Australia considered an application by the Applicant Mother and Respondent Father concerning their child, B. The dispute centred on the proposed change of the child's surname.
The primary legal issue before the Court was whether to grant leave to commence adoption proceedings, which was intrinsically linked to the proposed change of the child's surname from Perry to Bell. The Court was also required to determine the practical steps and responsibilities of each party in facilitating this name change.
Hogan J granted leave pursuant to s 60G of the *Family Law Act 1975* (Cth) for adoption proceedings to commence. The Court ordered that both the Applicant Mother and Respondent Father were to take all necessary steps to change the child's surname to Bell. The Applicant Mother was directed to prepare and provide the necessary forms to the Respondent Father, who was required to sign and return them within 14 days. The Applicant Mother was to bear the costs associated with the name change at the Registry of Births, Deaths and Marriages. In the event of the Respondent Father's non-compliance, a Registrar of the Court was appointed under s 106A(1) of the *Family Law Act 1975* (Cth) to execute the required documentation in his stead.
The primary legal issue before the Court was whether to grant leave to commence adoption proceedings, which was intrinsically linked to the proposed change of the child's surname from Perry to Bell. The Court was also required to determine the practical steps and responsibilities of each party in facilitating this name change.
Hogan J granted leave pursuant to s 60G of the *Family Law Act 1975* (Cth) for adoption proceedings to commence. The Court ordered that both the Applicant Mother and Respondent Father were to take all necessary steps to change the child's surname to Bell. The Applicant Mother was directed to prepare and provide the necessary forms to the Respondent Father, who was required to sign and return them within 14 days. The Applicant Mother was to bear the costs associated with the name change at the Registry of Births, Deaths and Marriages. In the event of the Respondent Father's non-compliance, a Registrar of the Court was appointed under s 106A(1) of the *Family Law Act 1975* (Cth) to execute the required documentation in his stead.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Costs
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Jurisdiction
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Remedies
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Statutory Construction
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Citations
BELL & PERRY [2015] FamCA 136
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