Application of "P" and "C" [2004] NSWSC 436

Application of "P" and "C" [2004] NSWSC 436

It was for the benefit of the child to approve the continued use of the Anglo-Celtic name as his first forename because he had been known by that name for at least some time in Taiwan, had been known by it for the whole of his approximately one and a half years in Australia and for the vast majority of his life, changing back would be confusing, the evidence gave no ground for concern that the adoptive parents would fail to recognise his Chinese origins and heritage, and his connection with his original Chinese forename would be retained by keeping it as a middle name.

Jurisdiction
Australia
Judgment Date
20 May 2004
Procedural Posture
Adoption Application / Application in Chambers
Outcome
Name change approved.
Legal Topics
['name of Child' 'change of Name of Child' 'best Interests of Child' 'transitional Provisions']
['family Law' 'adoption'] ['name of Child' 'change of Name of Child' 'best Interests of Child' 'transitional Provisions']

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Procedural Posture

Adoption Application / Application in Chambers

Legal Issues

  1. 1 ["Whether the Court should approve adding an Anglo-Celtic forename as the child's first forename and retaining the child's Chinese forename as a middle name." 'Whether, because the child was placed with the prospective adoptive parents before the Adoption Act 2000 commenced, the adoption was to be dealt with under the Adoption of Children Act 1965.']

Ratio Decidendi

It was for the benefit of the child to approve the continued use of the Anglo-Celtic name as his first forename because he had been known by that name for at least some time in Taiwan, had been known by it for the whole of his approximately one and a half years in Australia and for the vast majority of his life, changing back would be confusing, the evidence gave no ground for concern that the adoptive parents would fail to recognise his Chinese origins and heritage, and his connection with his original Chinese forename would be retained by keeping it as a middle name.

Court Disposition

Name change approved.

Orders

  • ["Approve the continued use of the Anglo-Celtic name as the child's first forename."]