Re JM [2005] NSWSC 976

Re JM [2005] NSWSC 976

Change of name approved because the child has been known by the proposed name since infancy, retains both original forenames, and no opposition was raised by the Department; insufficient evidence of alleged guardian status means dispensing with consent/notice not appropriate.

Jurisdiction
Australia
Judgment Date
26 September 2005
Procedural Posture
Application for Adoption / Judgment Following Application in Chambers
Outcome
Name change approved; no order made dispensing with notice to or consent of alleged guardian.
Legal Topics
['adoption' 'change of Name' 'adoption Under Adoption of Children Act 1965 or Adoption Act 2000' 'notice and Consent of Guardian']
['family Law'] ['adoption' 'change of Name' 'adoption Under Adoption of Children Act 1965 or Adoption Act 2000' 'notice and Consent of Guardian']

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Procedural Posture

Application for Adoption / Judgment Following Application in Chambers

Legal Issues

  1. 1 ['whether the name of the child should be changed upon adoption' 'whether adoption is governed by Adoption of Children Act 1965 or Adoption Act 2000' 'whether notice to or consent of alleged guardian should be dispensed with']

Ratio Decidendi

Change of name approved because the child has been known by the proposed name since infancy, retains both original forenames, and no opposition was raised by the Department; insufficient evidence of alleged guardian status means dispensing with consent/notice not appropriate.

Court Disposition

Name change approved; no order made dispensing with notice to or consent of alleged guardian.

Orders

  • ['Name change of the child approved.' 'No order dispensing with notice to or consent of the alleged guardian.']