Henn and McKneil
Case
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[2014] FamCA 542
•7 May 2014
Details
AGLC
Case
Decision Date
Henn and McKneil [2014] FamCA 542
[2014] FamCA 542
7 May 2014
CaseChat Overview and Summary
In the matter of *Henn and McKneil*, heard by Faulks DCJ, the applicant mother, Ms Henn, sought orders concerning her child, B. The respondent father, Mr McKneil, was not present and service of the application upon him was dispensed with. The proceedings concerned parental responsibility, living arrangements, and communication between the child and the father, as well as the potential for adoption by the child's stepfather and a change of surname.
The court was required to determine whether to grant the applicant's requests for sole parental responsibility, that the child live with her mother, and that the child have no contact with her father. Further, the court had to consider whether to dispense with the usual requirements for mediation under section 60I of the *Family Law Act 1975* and whether to permit proceedings for the adoption of the child by her stepfather, Darren Henn, under section 60G of the Act. The court also considered the applicant's request to change the child's surname.
Faulks DCJ granted leave for the application to be heard ex parte and dispensed with service on the respondent father. The court dispensed with the requirements of section 60I of the *Family Law Act 1975* concerning mediation. The court made orders granting Ms Henn sole parental responsibility for B, that B live with her mother, and that B have no time with or communication with her father. The court also made orders pursuant to section 60G of the *Family Law Act 1975* permitting proceedings for the adoption of B by her stepfather, Darren Henn, and liberty for Ms Henn to change B's surname to Henn. The Registrar of Births, Deaths and Marriages in Victoria was requested to effect a change to the child's birth certificate to reflect the surname change. The matter was removed from the pending cases list.
The court was required to determine whether to grant the applicant's requests for sole parental responsibility, that the child live with her mother, and that the child have no contact with her father. Further, the court had to consider whether to dispense with the usual requirements for mediation under section 60I of the *Family Law Act 1975* and whether to permit proceedings for the adoption of the child by her stepfather, Darren Henn, under section 60G of the Act. The court also considered the applicant's request to change the child's surname.
Faulks DCJ granted leave for the application to be heard ex parte and dispensed with service on the respondent father. The court dispensed with the requirements of section 60I of the *Family Law Act 1975* concerning mediation. The court made orders granting Ms Henn sole parental responsibility for B, that B live with her mother, and that B have no time with or communication with her father. The court also made orders pursuant to section 60G of the *Family Law Act 1975* permitting proceedings for the adoption of B by her stepfather, Darren Henn, and liberty for Ms Henn to change B's surname to Henn. The Registrar of Births, Deaths and Marriages in Victoria was requested to effect a change to the child's birth certificate to reflect the surname change. The matter was removed from the pending cases list.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Henn and McKneil [2014] FamCA 542
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