Jepson & Fleming

[2018] FCCA 400

FEDERAL CIRCUIT COURT OF AUSTRALIA

JEPSON & FLEMING [2018] FCCA 400

Catchwords:
FAMILY LAW – Parenting – change of name.

Legislation:

Births Deaths and Marriages Act NSW 1995, s.28(5)

Cases cited:

Chapman & Palmer (1978) FLC 90-150

Sander & Hearn [2012] FMCAfam 812
Meyes & Denning [2017] FCCA 1754

Applicant: MS JEPSON

Respondent: MR FLEMING

File Number: PAC 3877 of 2017

Judgment of: Judge Obradovic

Hearing date: 1 February 2018

Date of Last Submission: 1 February 2018

Delivered at: Parramatta

Delivered on: 28 February 2018

REPRESENTATION

Appearing for the Applicant: Ms Melham

Solicitors for the Applicant: Watts McCray

Appearing for the Respondent: No appearance

ORDERS

1. The child [X] (male) born (omitted) 2014 shall be henceforth known as [Y].

2. The mother Ms Jepson is authorised to apply to the Registrar of Births Deaths and Marriages that the child registered as [X] (male) born (omitted) 2014 be now registered as [Y].

3. Pursuant s.28(5) of the Births Deaths and Marriages Act NSW 1995 the Registrar register the child’s name in the form specified in Order 1 herein.

4. The Court directs that the Applicant forthwith serve a sealed copy of this order upon the Registrar of Births Deaths and Marriages.

5. Remove all outstanding issues from the list of cases awaiting finalisation.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of Judge Obradovic delivered this day will for all publication and reporting purposes be referred to as Jepson & Fleming.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3877 of 2017

MS JEPSON

Applicant

And

MR FLEMING

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 1 February 2018, the Court made final parenting orders in respect of the only child of the parties. As part of her application, the mother sought orders permitting her to change the child’s surname. These are the reasons in respect of that discrete application.

2. The principles regarding a change of name for children are articulated in the Full Court decision of Chapman & Palmer (1978) FLC 90-150.

3. In a helpful summary, which the Court respectfully adopts here[1], Judge Turner in Sander & Hearn [2012] FMCAfam 812 held that consideration must be given to:

   a)The welfare of the child being the paramount consideration;

   b)Any short or long term effect of any change in the child’s name;

   c)Any confusion of identity which may arise for the child of a name change if a name change does or does not occur;

   d)Any embarrassment that the child may experience if their name is different to that of the primary carer;

   e)The effect that any change of name may have on the child’s relationship with the parent whose name the child bears; and

   f)The effect of frequent or random changes of name.

   [1] And which has previously been adopted; see Meyes & Denning [2017] FCCA 1754

4. [X] lives with his mother who has sole parental responsibility for him.

5. [X]’s father Mr Fleming is also known by the surname (omitted). (omitted) is the father’s mother’s surname, which is the surname [X] was registered under…