Landau & Marek

This case concerned parenting arrangements for a child, X, born in 2017. The dispute involved the father's application to change the child's surname to his own, despite having previously consented to and contributed financially to the child's surname being changed to reflect the mother's new partner's surname. The mother sought for the child's surname to remain unchanged. The matter was heard by Judge McNab.

The court was required to determine the primary parenting orders, including who would have parental responsibility and the arrangements for the child spending time with each parent. A key issue was whether the child's surname should be changed, considering the father's prior consent and financial contribution to the existing surname, and the child's established life with that surname. The court also had to consider the impact of family violence perpetrated by the father on the mother and child when making parenting orders.

Judge McNab reasoned that the child's best interests favoured the surname remaining unchanged, particularly given the father's prior consent and financial contribution to the current surname, and the fact that the child had lived with this surname since 2019. The court noted that the child lived with the mother and her partner, whose surname the child bore. The court made orders discharging previous parenting orders and establishing that the child would live with the mother, who would have sole parental responsibility for all major long-term decisions. The father's time with the child was to gradually increase, subject to certain conditions, including obtaining stable accommodation and ongoing psychotherapy. The court also made specific orders regarding communication between the parents, travel restrictions, and injunctions to prevent denigration of either parent in the child's presence.