Fulwood and Wettons (No 4)

The dispute before Strickland J concerned an application by the father to change the children's surname. The mother opposed this application.

The primary legal issue before the court was whether it was in the best interests of the children for their surname to be changed. This involved considering the existing surname, the proposed new surname, and the impact of any change on the children's welfare.

Strickland J applied the paramount principle that the best interests of the children are the sole consideration in determining applications concerning their surname. The court considered the evidence presented regarding the children's current use of their surname and the mother's proposals for any potential change. The court ultimately dismissed the father's application to change the children's surname. The mother was ordered to file an affidavit confirming the names the children currently use and any proposals for changing their names, with the matter adjourned for further consideration.