Preston& Kenworth
Case
•
[2013] FamCA 589
•25 July 2013
Details
AGLC
Case
Decision Date
Preston& Kenworth [2013] FamCA 589
[2013] FamCA 589
25 July 2013
CaseChat Overview and Summary
In the matter of *Preston & Kenworth*, Bell J considered an application concerning the welfare of a child, B Kenworth, born in 2008. The proceedings involved the Mother and the Father, with the dispute centering on the child's name change and the issuance of a passport. The court was presented with Minutes of Consent agreed upon by both parties.
The primary legal issues before the court were whether to grant the Mother's application to change the child's surname to B Kenworth-C, and whether to dispense with the Father's consent for this name change and for the issuing of a passport for the child. Additionally, the court was required to make orders regarding the child's living arrangements, parental responsibility, and communication with the Father, as well as to address restrictions on the Father's ability to remove the child from Australia or obtain a passport for the child.
Bell J, by consent of the parties, made orders reflecting the Minutes of Consent. These orders stipulated that the child would live with the Mother, who would have sole parental responsibility. The Father's consent for the child's name change to B Kenworth-C and for the issuing of a passport was dispensed with. The court also made orders restraining the Father from removing the child from Australia, applying for or renewing passports for the child, or adding the child's details to any passport. The Marshal and officers of the Australian Federal Police and state/territory police forces were empowered to take necessary steps to give effect to these orders, including placing the child on an airport watch list, with an exception for travel when accompanied by the Mother.
The primary legal issues before the court were whether to grant the Mother's application to change the child's surname to B Kenworth-C, and whether to dispense with the Father's consent for this name change and for the issuing of a passport for the child. Additionally, the court was required to make orders regarding the child's living arrangements, parental responsibility, and communication with the Father, as well as to address restrictions on the Father's ability to remove the child from Australia or obtain a passport for the child.
Bell J, by consent of the parties, made orders reflecting the Minutes of Consent. These orders stipulated that the child would live with the Mother, who would have sole parental responsibility. The Father's consent for the child's name change to B Kenworth-C and for the issuing of a passport was dispensed with. The court also made orders restraining the Father from removing the child from Australia, applying for or renewing passports for the child, or adding the child's details to any passport. The Marshal and officers of the Australian Federal Police and state/territory police forces were empowered to take necessary steps to give effect to these orders, including placing the child on an airport watch list, with an exception for travel when accompanied by the Mother.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Consent
-
Jurisdiction
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Preston& Kenworth [2013] FamCA 589
Most Recent Citation
Henderson v Buman [2011] VCC 1523
Cases Citing This Decision
8
R v Elder
[2025] NSWDC 101
R v Cowan
[2025] NSWDC 100
R v Obiekie; R v Garaty
[2022] NSWDC 654
Cases Cited
1
Statutory Material Cited
0
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209