Howells & Parry

The matter before Baumann J concerned Mr Howells (Applicant) and Ms Parry (Respondent), with an Independent Children’s Lawyer also involved. The parties had reached final parenting consent orders on the second day of the trial. A key aspect of the dispute, as reflected in the final orders, was the father's application for a change of surname for one of the children, who was not his biological child.

The court was required to determine the legal issues surrounding the finalisation of parenting arrangements and, specifically, whether to grant the father's application to change the surname of one of the children. This determination was made within the context of consent orders being agreed upon by the parties for all other parenting matters.

Baumann J made consent orders that discharged all previous parenting orders and established sole parental responsibility for each parent regarding major long-term issues, with the specific exclusion of any change to the children's names. The court's reasoning, as evidenced by the final orders, was to dismiss the father's application for a change of surname for the child who was not biologically his. This decision was made on a final basis, indicating that the court did not accede to the father's request in this regard.