Rush and Stevens

In the matter of *Rush and Stevens*, heard before Young J, the wife sought orders concerning their child, J Stevens, born in January 1998. The dispute centred on the wife's application to change the child's surname to Rush and to obtain an Australian passport for the child to facilitate international travel, without the father's consent.

The primary legal issues before the court were whether to dispense with further service of the wife's application on the husband, whether to permit the change of the child's surname, and whether to allow the wife to obtain an Australian passport for the child without the father's consent. The court was also asked to expedite the passport issuance and to allow the child to travel internationally.

Young J ordered that further service of the wife's application on the husband be dispensed with. The court directed the Registrar of Births, Deaths and Marriages in South Australia to change the child's name from J Stevens to S Rush, and for the child to be known by this new name for all purposes. Furthermore, the wife was permitted to apply for and obtain an Australian passport for S Rush, with the father's consent being dispensed with. The Federal Department of Foreign Affairs and Trade was requested to expedite the issuance of this passport, and the child was thereafter entitled to travel in and out of Australia. The wife was also ordered to keep the court advised of her residential address.