BLUNT & SMYTHE

In the matter of *Blunt & Smythe*, heard by Carew J, the dispute concerned parental responsibility and the surnames of the parties' three children. The father sought to participate in making major long-term decisions for the children, while the mother sought sole parental responsibility. Additionally, the parties disagreed on the children's surnames: the mother wished for them to have a hyphenated surname of both parents, whereas the father desired them to bear his surname but use a hyphenated version for specific purposes.

The court was required to determine whether the parties were unable to communicate to the extent that equal shared parental responsibility should not apply, and to resolve the dispute regarding the children's surnames. The court also considered the presumption of equal shared parental responsibility and whether any evidence rebutted this presumption.

Carew J found that there was no evidence to rebut the presumption of equal shared parental responsibility. The court reasoned that the parties would have equal shared parental responsibility for the children. Regarding the surnames, the court ordered that the children's names be changed to a hyphenation of the mother's and father's surnames.

The court ordered that the father and mother have equal shared parental responsibility for the children, and that the children's names be changed to B Blunt-Smythe, C Blunt-Smythe, and D Blunt-Smythe. All extant applications were dismissed, and the Independent Children’s Lawyer was discharged. The court also directed that particulars of the obligations and consequences of the order, along with information on assistance for compliance, be set out in an attached fact sheet, which was incorporated into the order.