Sinclair and Sinclair

In the matter of *Sinclair and Sinclair*, Hannam J of the Family Court of Australia considered an application by Ms Sinclair and Mr Sinclair, the applicants, concerning a child, B, also known as C, born in 2005. The proceedings involved an application to dispense with special service of the Initiating Application on the respondent, and sought orders relating to parental responsibility, the child's residence, a change of the child's name, leave to commence adoption proceedings, and maintenance obligations.

The court was required to determine whether to dispense with special service of the Initiating Application on the respondent. Furthermore, the court had to consider the applications for orders granting the applicants parental responsibility for the child, that the child live with the applicants, and for the applicant mother to take steps to change the child's registered name. The court also had to determine whether to grant leave to commence adoption proceedings pursuant to section 6OG of the *Family Law Act 1975* (Cth) and to establish the second applicant's duty to maintain the child under section 66M of the *Family Law Act 1975* (Cth).

Hannam J ordered that special service of the Initiating Application on the respondent be dispensed with unconditionally. The court further ordered that the applicants have parental responsibility for the child and that the child live with them. The applicant mother was directed to take all necessary steps, including signing documents required by the Registry of Births, Deaths and Marriages, to register the child's name from B to C Sinclair. Leave was granted to the applicants to commence proceedings to adopt the child, and the second applicant was found to have a duty to maintain the child. In the event of a party's refusal or neglect to execute necessary documents, the Registrar of the Family Court of Australia was appointed to execute such documents.