Haddon and Sharrock
Case
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[2013] FCCA 986
•2 August 2013
Details
AGLC
Case
Decision Date
HADDON & SHARROCK
[2013] FCCA 986
[2013] FCCA 986
2 August 2013
CaseChat Overview and Summary
This matter concerned an application by the mother, Ms Haddon, for permission to change the name of the child, X, and for orders preventing the child from leaving Australia. The father, Mr Sharrock, did not consent to the proposed name change. The court was therefore required to determine whether to permit the mother to alter the child's registered name and to consider the father's lack of consent in that regard.
The court was also required to determine whether to grant orders restraining the child from leaving the Commonwealth of Australia and to restrain both parents, their servants and agents from removing or attempting to remove the child from Australia. The court further considered the role of the Australian Federal Police in enforcing such orders.
In relation to the name change, the court permitted the mother to change the child's name to X and to apply to the Registrar of Births, Deaths and Marriages to record this alteration on the birth certificate, notwithstanding the father's objection. The court also made orders restraining the child from leaving the Commonwealth of Australia until further order, and similarly restrained both parents and their agents from removing or attempting to remove the child from Australia. The court requested the Australian Federal Police to place the child's name on the Airport Watch List to give effect to these orders.
The court was also required to determine whether to grant orders restraining the child from leaving the Commonwealth of Australia and to restrain both parents, their servants and agents from removing or attempting to remove the child from Australia. The court further considered the role of the Australian Federal Police in enforcing such orders.
In relation to the name change, the court permitted the mother to change the child's name to X and to apply to the Registrar of Births, Deaths and Marriages to record this alteration on the birth certificate, notwithstanding the father's objection. The court also made orders restraining the child from leaving the Commonwealth of Australia until further order, and similarly restrained both parents and their agents from removing or attempting to remove the child from Australia. The court requested the Australian Federal Police to place the child's name on the Airport Watch List to give effect to these orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Costs
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Procedural Fairness
Actions
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Citations
HADDON & SHARROCK
[2013] FCCA 986
Cases Citing This Decision
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Statutory Material Cited
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