Ellsom & Hannewell

In the matter of *Ellsom & Hannewell*, heard by O'Shannessy J in the Federal Circuit Court of Australia, the applicant mother sought orders concerning her two children, X and Y, born in 2009 and 2011 respectively. The dispute centred on the children's surnames, parental responsibility, living arrangements, and the ability to obtain Australian passports for international travel, with the respondent father residing overseas and having had no contact with the children for approximately ten years.

The court was required to determine whether it was in the best interests of the children to have their surnames changed from Ellsom-Hannewell to Ellsom. Additionally, the court needed to decide on the issue of sole parental responsibility for the children's care, welfare, and development, and whether the children should live with the applicant mother. A further significant legal issue was whether the court had the authority to permit the applicant mother to apply for Australian passports for the children and allow them to travel internationally without the respondent father's consent, given the father's lack of contact and refusal to consent.

O'Shannessy J applied the paramount principle that the best interests of the child are the primary consideration in all matters relating to their welfare. The court found that it was in the best interests of both X and Y to be known as X Ellsom and Y Ellsom, respectively. This decision was informed by the children's expressed wishes and the significant period of time they had lived in Australia without contact from their father. The court also declared that the applicant mother should have sole parental responsibility for the children and that they should live with her. Crucially, referencing sections 7 and 11 of the *Australian Passports Act 2005* (Cth), the court was satisfied that it was not practicable to obtain the respondent father's consent for the children to obtain Australian passports and travel internationally. The court reasoned that the father's lack of contact and his explicit refusal to consent to the name change, coupled with his location overseas, made obtaining his signature for passport applications and international travel impractical.

Consequently, the court ordered that the applicant mother be authorised to change the children's registered names to X Ellsom and Y Ellsom and to apply for Australian passports for them, permitting international travel without the respondent father's consent. The court also ordered that the children live with the applicant mother and that she have sole parental responsibility for their care, welfare, and development. All other extant applications were dismissed.