Poultosisis and Covey

In the matter of *Poultosisis and Covey*, heard before Cronin J, the applicant mother sought leave to proceed with an application concerning her child, born in August 2003. The dispute centred on the surname of the child and arrangements for the child's residence and parental responsibility, with the mother seeking to change the child's surname to "Covey-Poultosisis" and to have sole parental responsibility. The father's consent was not obtained for the surname change.

The court was required to determine whether to grant the mother leave to proceed with her application on an undefended basis, and crucially, whether to permit the mother to change the child's surname from Covey to "Covey-Poultosisis" without the father's consent. Further issues before the court included determining with whom the child would live, who would have parental responsibility, and the extent of any time the child would spend with the father.

Cronin J reasoned that the mother should be permitted to proceed with her application on an undefended basis and that all previous orders should be discharged. The court ordered that the mother be permitted to change the child's surname to "Covey-Poultosisis" without the father's consent, that the child live with the mother, and that the mother have sole parental responsibility. The court also ordered that the child spend no time with the father and dismissed all outstanding applications. The court further directed that its reasons for judgment be transcribed and made available to the parties, and that the mother's solicitor serve copies of the orders and reasons on the father. Finally, the court included particulars of the obligations and consequences of contravention of the orders, as set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the relevant legislation.