Hicks and Hicks and Anor

This matter concerned an application by the paternal aunt, Ms Hicks, for final orders regarding the parental responsibility and residence of six children, as well as a change of surname for each child. Ms Hicks brought the children to live with her in Australia following the death of their mother in 2010 and the disappearance of their father in 2007. The court was presided over by Judge Riley.

The legal issues before the court were whether Ms Hicks should have sole parental responsibility for the children, whether the children should live with her, and whether their surname should be changed to "Hicks". The court also considered the children's well-being, their adjustment to life in Australia, their relationships with their aunt and extended family, and their expressed wishes regarding their surname.

Judge Riley's reasoning focused on the best interests of the children. The court noted the strong affectionate ties between the children and their aunt, who had provided significant financial and emotional support. The children expressed happiness living with their aunt in Australia, finding life there to offer greater opportunities and a more positive future than their previous circumstances. Their expressed wish to change their surname to "Hicks" was seen as a way to strengthen their connection to their father and their new identity in Australia. The court also acknowledged the current accommodation was not ideal for six children and noted the children's resilience and positive outlook despite past trauma.

The court ordered that the applicant, Ms Hicks, have sole parental responsibility for the six children and that the children live with her. Liberty to apply was granted in relation to the names of each of the children.