SOLER & BERENDT

[2013] FamCA 853

FAMILY COURT OF AUSTRALIA

SOLER & BERENDT [2013] FamCA 853

FAMILY LAW – CHILDREN – Parental responsibility – change of the child’s surname – mother seeks hyphenated surname reflecting the father’s surname and her new married surname – father seeks order that the mother’s application be dismissed and that the child’s surname as previously ordered in contested proceedings be retained – consideration of principles to be applied – mother’s application dismissed.

Family Law Act 1975 (Cth)ss. 4(1), 60CC, 64B(2), 64B(3), 68B

Flanagan & Handcock [2000] FamCA 150
Chapman & Palmer (1978) FLC 92-510

APPLICANT: Ms Soler

RESPONDENT: Mr Berendt

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW Bankstown

FILE NUMBER: PAC 5326 of 2011

DATE DELIVERED: 30 October 2013

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 21, 22, 23 October 2013

REPRESENTATION

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Ladopoulos

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW Bankstown

Orders

1. That the mother’s application for a change of surname for the child B Berendt be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Soler & Berendt has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 5326  of 2011

Ms Soler

Applicant

And

Mr Berendt

Respondent

REASONS FOR JUDGMENT

The Proceedings

1. These are parenting proceedings in relation to the child B Berendt born in 2004.

2. There has been a history of litigation between the parties in relation to the child with the first application having been filed in May 2007.

3. On 19 June 2009 Collier J made orders in this Court on a final basis as to parenting. In summary those orders provided as follows:

   a)That the mother and father have equal shared parental responsibility for issues concerning the child’s education, health and religious upbringing;

   b)That the mother have sole parental responsibility for other issues concerning the child’s long-term, care welfare and development;

   c)That the child live with the mother, that the child spend time with the father on the fifth weekend of each school term from Friday afternoon until Sunday afternoon, all of the term one and term three school holidays, the first half of the term two school holidays and for three weeks in the December/January school holidays;

   d)The Court otherwise made orders facilitating the father’s time with the child telephone contact and exchange of information between the parties in relation to the child;

   e)That the mother and father within 30 days do all things necessary to amend the birth certificate of the child to record the father on the birth certificate as being the father of the child and changing the child’s surname to “Berendt”.

4. Subsequently on 23 October 2009 supervision of the orders by the family consultant was discharged and the father’s time with the child was suspended.

5. Thereafter on 31 March 2010 the Court made orders reinstating the father’s time with the child.

6. The present application…