Paisley and Anor and Milton

[2007] FamCA 1144

FAMILY COURT OF AUSTRALIA

PAISLEY AND ANOR & MILTON [2007] FamCA 1144

FAMILY LAW - ADOPTION – Change of Surname by Consent

Family Law Act 1975 (Cth)

APPLICANT: Mr Paisley & Mrs Paisley

RESPONDENT: Ms Milton

FILE NUMBER: MLC 9465 of 2007

DATE DELIVERED: 24 September 2007

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Young J

HEARING DATE: 24 September 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Sayer

SOLICITOR FOR THE APPLICANT: T.J. Mulvany & Co

COUNSEL FOR THE RESPONDENT: No Appearance

SOLICITOR FOR THE RESPONDENT:

ORDERS

1. THAT Mr Paisley and Mrs Paisley (“the applicants”) exercise equal shared parental responsibility for all long term and day to day issues in relation to the care, welfare and development of J Milton born … July 1997 and L Milton born … June 1999 (“the children”).

2. THAT the children live with the applicants.

3. THAT for the purposes of s26 of the Births, Deaths and Marriages Registration Act 1996 (Victoria) the Court approve that the proposed change of name for the child now known as J Milton to J Paisley and the proposed change of name for the child now known as L Milton to L Paisley, the Court being satisfied that the change of name is in the children’s best interests.

4. THAT pursuant to s.60G(1) of the Family Law Act1975, the applicants be granted leave for proceedings to commence for the adoption by the first application of the children.

5. THAT otherwise the Form 1 and Form 2 applications filed 23 August 2007 be dismissed and the proceedings be removed from the list of cases awaiting hearing.

6. THAT the extempore reasons for judgment be transcribed, be placed upon the Court file and be made available to the parties.

IT IS NOTED:

A.THAT the Court was satisfied as to all issues of service upon the respondent and exhibits ”1” and “2” are an e-mail and a signed copy of the minutes of orders from the respondent.

IT IS NOTED that publication of this judgment under the pseudonym Paisley and Anor & Milton is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 9465 of 2007

MR PAISLEY AND MRS PAISLEY

Applicant

And

MS MILTON

Respondent

REASONS FOR JUDGMENT

1. The matter of Paisley & Milton is before me the Judicial Duty List.  Mr Sayer of the firm T.J. Mulvany and Co, solicitor, appears for the mother and the step father.  There is no appearance at court by or on behalf of the biological mother who is now known as Ms Milton.  The proceedings before the court are a Form 1 and Form 2 application filed 23 August 2007.  The effect of the orders sought are that the two children J Milton born in July 1997 and L Milton born in June 1999 hereafter live with the applicants, that is their mother and stepfather.  An order is sought proposing a change of name for the children from the surname of "Milton" to the surname "Paisley".

2. Otherwise pursuant to section 60G(1) of the Family Law Act 1975, leave is sought for the adoption proceedings.  I firstly am satisfied as to service.  I have been provided with a copy of an email transmission by Mr Sayer which highlights discussions between all parties over very recent times, indeed this morning.  That document is headed "A letter of apology to the [Paisley] family" and otherwise I have read the contents thereof.  I propose to have this document marked as exhibit “1” and to be retained on the court file.  Otherwise there is a letter already on the file by way of correspondence from Ms Milton, and signed by her consenting to the orders and seeking dispensation from attendance at court this day.

3. I will retain that document upon the court file.  Finally there is a copy of the minutes of orders sought by the applicants and that has been signed by Ms Milton and dated 31 August 2007 and I will have that form of consent order marked exhibit “2” and retained upon the court file.  I have had a helpful submission from Mr Sayer on behalf of the applicants.  I propose to make the orders sought under section 60G and in so doing I specifically identify that I have had proper regard to the effects of section 60F(4)(a) and of section 61E and section 65J. 

4. For those reasons and with an understanding of the finality but also with a clear understanding of the wishes of the children and acting in their best interests I propose to pronounce these orders by consent.  I will have these reasons transcribed, placed upon the court file and made available to all parties. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Young

Associate

Dated: 24 September 2007