Zacharia and Zacharia - [2017] FamCA 482

FAMILY COURT OF AUSTRALIA

ZACHARIA & ZACHARIA

[2017] FamCA 482

FAMILY LAW – CHILDREN – Ex Tempore Judgment – Where substantive parenting issues finalised by consent – Where discrete issue as to the child’s surname outstanding – Where the mother seeks that the child’s surname be hyphenated and contain both parents’ names – Where regard had to the child’s young age – Where the child has a meaningful relationship and identifies with both parents – Where a it is in the best interests of the child to have a hyphenated surname – Orders made.

Births Deaths and Marriages Registration Act 1995 (Cth) s 28
Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC

Chou & Parsons [2017] FamCA 65
In the Marriage of Beach & Stemmler (1979) FLC 90-692
In the Marriage of Chapman & Palmer (1978) FLC 90-510
In the Marriage of George & Radford (1976) FLC 90-060
Reynolds & Sherman [2016] FamCAFC 240

APPLICANT:

Mr Zacharia

RESPONDENT:

Ms Zacharia

FILE NUMBER:

ADC

4589

2014

DATE DELIVERED:

23 June 2017

PLACE DELIVERED:

Adelaide

PLACE HEARD:

Adelaide

JUDGMENT OF:

Hannam J

HEARING DATE:

23 June 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Ms Horvat

SOLICITOR FOR THE APPLICANT:

Judith Jordan

COUNSEL FOR THE RESPONDENT:

Ms Dickson

SOLICITOR FOR THE RESPONDENT:

Howe Jenkin

Orders

That both parties do all things and sign all documents necessary to change the surname of B with the Registry of Births Deaths and Marriages and with any other body or institution holding records or enrolments in respect of the child and that pursuant to section 28(5) of the Birth Deaths and Marriages Registration Act 1995 the Registrar register the child’s name in the form specified above and that both parties be restrained by injunction thereafter from changing B’s name and/or referring in any way to, or calling B by any name other than B Zacharia-H and from using any other name to register or enrol B with any group, body or institution.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 4589 of 2014

Mr Zacharia

Applicant

And

Ms Zacharia

Respondent

EX TEMPORE REASONS FOR JUDGMENT

B is a little boy of three and a half. His parents, Mr Zacharia, (“the father”), and Ms Zacharia, also known as Ms H, (“the mother”), who separated when B was 10 months old, have reached agreement concerning most matters relating to the child’s future parenting. Final orders reflecting…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Zacharia and Zacharia

Details

AGLC: Zacharia and Zacharia [2017] FamCA 482
Case: [2017] FamCA 482
Decision Date: 23 June 2017

CaseChat Overview and Summary

In the matter of *Zacharia and Zacharia*, heard before Hannam J, the dispute concerned the surname of a child, B. The parties sought to resolve the question of what surname B should bear and how that surname should be registered.

The court was required to determine the appropriate surname for the child, B, and to make orders regarding the registration of that surname. The court also had to consider whether to grant an injunction restraining either party from changing B's name or referring to B by any name other than the one registered.

Hannam J ordered that both parties take all necessary steps to change B's surname to Zacharia-H with the Registry of Births, Deaths and Marriages and any other relevant body. Pursuant to section 28(5) of the *Births Deaths and Marriages Registration Act 1995*, the Registrar was directed to register the child's name as specified. Furthermore, both parties were restrained by injunction from subsequently changing B's name, referring to B by any name other than B Zacharia-H, or using any other name to register B with any group, body, or institution.

Orders

Orders of the court

That both parties do all things and sign all documents necessary to change the surname of B with the Registry of Births Deaths and Marriages and with any other body or institution holding records or enrolments in respect of the child and that pursuant to section 28(5) of the Birth Deaths and Marriages Registration Act 1995 the Registrar register the child’s name in the form specified above and that both parties be restrained by injunction thereafter from changing B’s name and/or referring in any way to, or calling B by any name other than B Zacharia-H and from using any other name to register or enrol B with any group, body or institution.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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