Brown and Crawford

[2014] FCCA 2732

FEDERAL CIRCUIT COURT OF AUSTRALIA

BROWN & CRAWFORD [2014] FCCA 2732

Catchwords:
FAMILY LAW – Whether an order should be made changing child’s name and permitting father to obtain passport for child without mother’s consent – mother has not availed herself of Court orders providing supervised time with child – mother has not spent time with child for 6 ½ years – mother has not spoken to child for almost 2 years – child’s best interest – orders sought by father granted – mother seeks order for child to live with her – whether mother should have leave to proceed with her application – child’s best interest – mothers application dismissed.

Legislation:

Family Law Act 1975, ss.69ZX(3), 60CC(2)(a)

George v Radford (1976) 1 Fam LR 11, 510
Chapman & Palmer (1978) 4 Fam LR 462
Beach & Stemmler (1979) 5 Fam LR, Note 13; FLC 90-692
Mahony & McKenzie (1993) 16 Fam LR 803 at 806
Flanagan & Handcock [2000] FamCA 150

Applicant: MR BROWN

Respondent: MS CRAWFORD

File Number: BRC 5081 of 2008

Judgment of: Judge Jones

Hearing date: 30 October 2014

Date of Last Submission: 30 October 2014

Delivered at: Dandenong

Delivered on: 28 November 2014

REPRESENTATION

Counsel for the Applicant: Self Represented

Solicitors for the Applicant: Self Represented

Counsel for the Respondent: Self Represented

Solicitors for the Respondent: Self Represented

ORDERS

1. It is declared that it is in the best interests of the child [X] [CRAWFORD] born [omitted] 2000 to be known from this date as [Y] [BROWN].

2. Upon application the Registrar of Births Deaths and Marriages in and for the State of Victoria is requested to change the Register of Births Deaths and Marriages to show the child’s name as [Y].

3. The father is authorised to apply for and receive an Australian passport for the child [Y] born [omitted] 2000 without first obtaining the written consent of the other parent.

4. The application by the mother that the child be returned to live with her is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Brown & Crawford is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DANDENONG

BRC 5081 of 2008

MR BROWN

Applicant

And

MS CRAWFORD

Respondent

REASONS FOR JUDGMENT

Introduction

1. Mr Brown (“the father”) is seeking two orders in relation to his child, [X] [CRAWFORD] born [omitted] 2000. These orders are; firstly, that the child’s name be changed to [Y] [Brown] and secondly, that he be permitted to obtain a passport without the consent of the child’s mother, Ms Crawford (“the mother”).

2. The mother, in response, seeks orders that the father’s application be dismissed, and, additionally, “Return my child (with resident certificate – for his safety).” I clarified with the mother, who (like the father) was self- represented, that what she sought was that the child live with her.

3. The child lives with his father in Melbourne and is now 14 years of age. The mother resides in Brisbane.…