Henry & Anor and Lyman

In the matter of *Henry & Anor and Lyman*, heard before Berman J, the dispute concerned applications relating to the parental responsibility and surnames of two children, B and C. The first applicant, MS HENRY, and the second applicant, MR DEBRETTS, sought sole parental responsibility for the children, and also sought to change the children's surname. The father, MR LYMAN, was also a party to the proceedings.

The court was required to determine whether it was in the best interests of the children to grant the applicants sole parental responsibility, and whether to grant leave for the children's surnames to be changed. A further issue arose regarding the specific nature of parental responsibility to be ordered, given the applicants' initial request for sole responsibility and the father's position. The court also considered the children's wishes concerning their surnames, as each child expressed a preference for a different surname.

Berman J determined that it was in the best interests of the children for the first and second applicants to have equal shared parental responsibility, with the father, MR LYMAN, having no residual parental responsibility. The court also granted leave for the second applicant to apply to the Youth Court for adoption of the children. Regarding the surname change, the court found that it was not in the best interests of the children to make an order for a change in their surname, particularly as each child sought a different surname. The children were ordered to live with the first and second applicants.