Sotto and Hensley

In the matter of Sotto and Hensley, Judge Burchardt of the Federal Circuit Court of Australia made final orders concerning a child, X Sotto, born in 2006. The dispute involved parental responsibility, living arrangements, and the child's name. The court considered the best interests of the child in making its determinations.

The court was required to determine the best interests of the child, including issues of parental responsibility, the child's residence, and the extent of the child's contact with the father. Additionally, the court addressed the significant issue of changing the child's surname and the implications for international travel and passport applications. The court also considered the discharge of previous orders and the appointment of an Independent Children's Lawyer.

Applying the principles of the *Family Law Act 1975*, the court declared that it was in the best interests of the child to be known as X Hensley. The court ordered that the child's surname be changed to Hensley, with the mother responsible for registering this change. The mother was granted sole parental responsibility and the child was ordered to live with her. The father's contact with the child was to be at the child's instigation. The court also authorised the mother to apply for an Australian passport for the child without the father's consent and permitted the child to depart Australia, discharging any Airport Watch List orders. Restraints were placed on both parents, including a prohibition against denigrating the other parent to the child and the father being restrained from attending the child's school. The appointment of the Independent Children's Lawyer was discharged.