PULLER & TRAPP

FAMILY COURT OF AUSTRALIA

PULLER & TRAPP [2011] FamCA 931

FAMILY LAW – CHILDREN – Child’s name change – Child’s views

Family Law Act 1975 (Cth)

Chapman & Palmer, In the Marriage of (1978) FLC 90-510
Beach & Stemmler, In the Marriage of (1979) FLC 90-692
Flanagan v Handcock (2002) FLC 93-102

APPLICANT: Mr Puller

RESPONDENT: Ms Trapp

FILE NUMBER: SYC 624 of 2009

DATE DELIVERED: 4 November 2011

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Collier J

HEARING DATE: 4 November 2011

Orders

(1)That the child, B born … 1999, continue to use and be known by the surname Trapp.

(2)That the parties pay the costs of the Independent Children’s Lawyer as follows:

i.as to two thirds an amount of $742 by the father; and

ii.as to one third an amount of $372 by the mother

(3)That the father pay the sum of $742 within three (3) months of this date to Legal Aid NSW in respect of the costs of the Independent Children’s Lawyer in this matter.

(4)That the mother pay the sum of $372 within twelve (12) months of this date to Legal Aid NSW in respect of the costs of the Independent Children’s Lawyer in this matter.

(5)That all applications and cross applications in respect of parenting issues shall be and are hereby dismissed.

(6)That all issues be removed from the Active Pending Cases List.

(7)That all material produced on subpoena be returned not before fifty-six (56) days from the date of these Orders. 

(8)That the mother serve upon the father, care of each of his mother and sister, a copy of these orders by placing them in a sealed envelope with an accompanying letter, to each of his mother and sister, requesting them to make the envelope available to him.  Service of those documents may be proved by affidavit.

IT IS NOTED that publication of this judgment under the pseudonym Puller & Trapp is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: SYC 624 of 2009

Mr Puller

Applicant

And

Ms Trapp

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1.On 28 July this year I made a number of orders concerning the subject child B.  On that occasion, the mother and the Independent Children's Lawyer were present in Court.  The father, Mr Puller, attended by telephone, only after the Court made contact with him.

2.On that day, the father indicated that he did not wish to take any further part in the child’s life, save with one reservation to which I will come shortly.  Accordingly, on that day, I discharged all existing orders in respect of the said child.  I then ordered that she live with her mother, that the mother have sole parental responsibility and that the father spend time with the child in accordance with her wishes.

3.I accept that since the making of those Orders, there has been no contact or communication between the mother and father, and, as…