Ince and Withers

In the matter of *Ince and Withers*, heard before Judge Scarlett, the applicant mother sought orders to change the registered name of her child, X, and to permit her children, W, X, Y, and Z, to travel outside of Australia without the consent of the respondent father. The dispute arose in the context of existing court orders from December 2013 which granted the mother sole parental responsibility for the children, with no provisions for time spent with the father or communication between them.

The court was required to determine whether to grant the applicant leave to proceed ex parte, to authorise the change of the child X's registered name, and to permit the children to travel internationally without the father's consent. A further issue was to clarify the mother's authority to apply for Australian passports for the children, given the prior orders regarding parental responsibility.

Judge Scarlett granted the applicant leave to proceed ex parte and authorised the name change for child X, directing the Registrar of Births, Deaths and Marriages in New South Wales to register the new name. The court also permitted the children to travel outside the Commonwealth of Australia and authorised the mother to apply for or renew Australian passports for them without the father's consent. This decision was based on the existing order for sole parental responsibility vested in the mother, which the court interpreted as conferring upon her the sole authority for passport applications and international travel for the children, consistent with the *Family Law Act 1975* and section 11 of the *Australian Passports Act 2005*.