Elkin and Cheney

[2008] FMCAfam 1361

FEDERAL MAGISTRATES COURT OF AUSTRALIA

ELKIN & CHENEY [2008] FMCAfam 1361

FAMILY LAW – Child aged seven – mother has Tanzanian background – father has Cypriot background – parties never lived together – parties have poor relationship – child born in France – father’s identity not registered on birth certificate – parties in dispute regarding child’s given name – child registered as “[E]” as first given name – mother seeks this name – father asserts child identifies as “[G]” and is known by him and his family as such – matters considered – best interests.

Family Law Act 1975, ss.68LA

Taylor v Taylor (1979) 143 CLR 1
Fooks v McCarthy (1994) FLC 92-450
Chapman & Palmer (1978) FLC 90-510

Beach & Stemmler (1979) FLC 90-692

Applicant: MR ELKIN (formerly known as Mr Loder)

Respondent: MS CHENEY (also known as Ms Maltby)

File Number: ADC 5093 of 2007

Judgment of: Brown FM

Hearing date: 8 December 2008

Date of Last Submission: 8 December 2008

Delivered at: Adelaide

Delivered on: 15 December 2008

REPRESENTATION

Counsel for the Applicant: In Person

Counsel for the Respondent: No appearance

Counsel for the Independent Children’s Lawyer Mr T Stephen

Solicitors for the Independent Children’s Lawyer Legal Services Commission

ORDERS

1. That for all purposes relating to his education and medical treatment and other issues arising to him from the application of the Australian Passports Act 2005, the Social Security Act 1991, the Health Insurance Act 1973 and all matters relating to taxation and other social security entitlements the child herein be known as [E.G.N.Elkin-Maltby].

2. All other applications herein be otherwise dismissed.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
ADELAIDE

ADC 5093 of 2007

MR ELKIN (formerly known as Mr Loder)

Applicant

And

MS CHENEY (also known as Ms Maltby)

Respondent

REASONS FOR JUDGMENT

Introduction

1. Mr Elkin “the father” was born in 1960 in South Australia.  His parents were both born in Cyprus.  In the past, the father has changed his surname to “Loder”.

2. The father has also, from time to time, adopted the given name of [T].  In part, no doubt, these changes came about for ease of reference.  However, since October of last year, he has resumed the name set out above, which appears on his original birth certificate. 

3. Ms Cheney “the mother” was born in Tanzania in 1970.  Cheney is a surname the mother has assumed through marriage.  Her original surname is Maltby. 

4. The parties met in Adelaide, in late 2000, and had a brief relationship.  The mother has a child, [X], who lives with her father, in France.  The mother has spent regular periods of time, living in France, in the past. 

5. The mother fell pregnant to the father in December 2000.  The parties have never lived together and terminated their relationship in January of 2001.  The mother returned to France in July 2001. 

6. The mother was…