TOUREL & REIDEL

The Family Court of Australia heard an application by Mr Tourel (the father) against Ms Reidel (the mother) concerning parenting orders for their child, B. The father sought interim orders to change the child's surname from the hyphenated "Reidel-Tourel" to "Tourel" for school enrolment and to obtain a passport. This application was made in the context of a final hearing for all outstanding parenting issues already scheduled for a later date.

The primary legal issues before the Court were whether to grant interim orders for the child to be known by the surname "Tourel" at his new high school and for passport purposes, despite the existing final consent orders for equal shared parental responsibility and the child's registered surname. The Court also considered the timing of these applications, given the imminent commencement of the school year and the pending final hearing. The father contended that the child was experiencing teasing and bullying due to his surname, causing him stress and anxiety, while the mother doubted the veracity of these claims and opposed the interim change.

Justice Forrest determined that it was in the child's best interests to be known by the surname "Tourel" at his new high school to avoid potential teasing or derision. Crucially, the Court ascertained from the school principal that the school would honour a statutory declaration from the parent with whom the child resides, requesting the use of a different name, and would certainly do so with a court order. Accordingly, the Court made an interim order authorising the father to provide a statutory declaration to the school requesting the use of the name "B Tourel" for the child's enrolment and attendance from the commencement of the New South Wales school year in 2018. This interim order was explicitly not to extend to formally changing the child's surname at the Queensland Registry of Births, Deaths and Marriages, preserving the existing legal name pending the final hearing. The balance of the father's application was adjourned to be determined by the Trial Judge.