HENDERSON & PARKER

[2012] FamCA 338

FAMILY COURT OF AUSTRALIA

HENDERSON & PARKER [2012] FamCA 338

FAMILY LAW - CHILDREN – application to change child’s surname - Orders made on an undefended basis – best interests of the child.

Family Law Act 1975 (Cth)

APPLICANT: Ms Henderson

RESPONDENT: Mr Parker

FILE NUMBER: MLC 1593 of 2012

DATE DELIVERED: 24 April 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Macmillan J

HEARING DATE: 24 April 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT: N/A

COUNSEL FOR THE RESPONDENT: No appearance

SOLICITOR FOR THE RESPONDENT: N/A

IT IS ORDERED THAT

1. The child L PARKER born … February 1995 hereafter be legally known as L HENDERSON.

IT IS REQUESTED THAT

1. The Registrar of Births, Deaths and Marriages forthwith register the change of surname for the child from PARKER to HENDERSON.

IT IS FURTHER ORDERED THAT

1. The applicant’s Initiating Application filed 23 February 2012 be otherwise dismissed and the matter removed from the list of cases awaiting.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Henderson & Parker has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 1593 of 2012

Ms Henderson

Applicant

And

Mr Parker

Respondent

REASONS FOR JUDGMENT

1. I have before me today the applicant mother’s application filed 23 February 2012 seeking to change the name of her son, L Parker, born in February 1995 to L Henderson.

2. The application was served upon the respondent, Mr Parker on 9 March 2012, and he signed the acknowledgement of service on that date. 

3. The matter first came on for hearing on 23 March 2012, and on that date there was no appearance by the respondent.

4. Orders were made on 23 March 2012 by Registrar Riddiford, adjourning all extant applications to the Judicial Duty List today, and requiring service of a sealed copy of the order made on 23 March 2012, together with a covering letter advising the respondent that the applicant would be seeking to have the matter dealt with on an undefended basis in the event that he did not appear, to be forwarded by express post in an envelope addressed to the respondent at J Street, Town N, Victoria.

5. I have sighted a copy of a letter dated 8 April 2012 forwarded by the applicant to the respondent in which she confirms that she proposes to proceed with the matter on an undefended basis in the event that he does not appear at the hearing today.  I am also advised by the applicant that on the same date she forwarded a sealed copy of the order made on 23 March 2012 to the respondent.

6. L is now 17 years of age.  I am told by the applicant that he is aware of these proceedings and he wishes his name to be changed.  He has had no contact with his father since early 2005, and she describes him as being angry at his father.  He has been known for many years by the name, L Henderson, however, his name has not been formally changed to Henderson. 

7. Some years ago an approach was made through the respondent’s family to have him sign the documents necessary to change L’s surname to Henderson, and although the respondent initially agreed to do so, that did not occur.

8. I am satisfied that the respondent has been served with the application, he is aware of the proceedings, and aware of the orders sought by the applicant, and that she would seek those orders on an undefended basis today in the event that he did not appear.

9. I am satisfied that, in all of the circumstances, it is in L’s best interests that an order be made changing his surname from Parker to Henderson.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Macmillan delivered on 24 April 2012.

Associate: 

Date:  11 May 2012