Harvey & Anor and Blair

Case

[2014] FamCA 138

4 February 2014


Details
AGLC Case Decision Date
Harvey & Anor and Blair [2014] FamCA 138 [2014] FamCA 138 4 February 2014

CaseChat Overview and Summary

In the matter of *Harvey & Anor and Blair*, heard before Cronin J, the dispute concerned the parental responsibility and living arrangements for two children, L Frost and B Frost, as well as the proposed change of their surname and the potential for adoption. The applicants, Mr and Ms Harvey, sought orders for shared parental responsibility, that the children live with them, and approval for the children to adopt the Harvey surname. They also sought leave to commence proceedings for Mr Harvey to adopt the children.

The court was required to determine whether to grant shared parental responsibility for long-term and day-to-day issues concerning the children's care, welfare, and development to the applicants. Additionally, the court had to consider and approve the proposed change of surname for both children from Frost to Harvey, and grant leave for the commencement of adoption proceedings by Mr Harvey.

Cronin J ordered that Mr and Ms Harvey have shared parental responsibility for the children, L Frost and B Frost, and that the children live with the applicants. The court also approved the change of surname for L Frost to L Harvey and for B Frost to B Harvey, pursuant to section 26 of the *Births, Deaths and Marriages Registration Act 1996* (Vic). Furthermore, leave was granted to the applicants to commence proceedings for the adoption of the children by Mr Harvey, under section 60G(1) of the *Family Law Act 1975* (Cth). All other outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Remedies

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