MARTINEZ & RAWLINSON

In the matter of *Martinez & Rawlinson*, heard by Judge Tonkin, the dispute concerned a parenting application where the primary issues were the parentage of a child, the allocation of parental responsibility, the child's residence, a change of the child's name, and the ability to obtain an Australian passport. The respondent father failed to engage in the proceedings.

The court was required to determine whether the presumption of parentage under section 69R of the *Family Law Act 1975* could be rebutted, and if so, whether the evidence presented was sufficient to do so. Further, the court had to consider whether the mother should have sole parental responsibility, whether the child should live with the mother, and whether an order for a change of name and for the child to be issued an Australian passport should be made.

Judge Tonkin applied the presumption of parentage under section 69R of the *Family Law Act 1975*, which arises when a person's name is entered as a parent on a child's birth register. The court found that the evidence was not sufficient to rebut this presumption. Consequently, the court declared the respondent, Mr Rawlinson, to be the father of the child for the purposes of the *Family Law Act 1975* and for all laws of the Commonwealth. The court also declared that Mr Rawlinson should be assessed for child support costs under section 106A of the *Child Support Assessment Act 1989*.

The court ordered that the mother have sole parental responsibility for the child and that the child live with her. The child was to be known by a new name, and the mother was permitted to apply for and execute an application for an Australian travel document without the respondent's consent. The mother was also permitted to travel with the child temporarily outside Australia without the respondent's consent and was to retain custody of the child's passport. The Registry Manager was directed to provide a copy of the orders to the Department of Foreign Affairs and Trade, and the mother was granted leave to use the judgment in support of any application under the *Births, Deaths and Marriages Act (ACT)*.