Application of CP and JP - Child: S [2004] NSWSC 687

Application of CP and JP - Child: S [2004] NSWSC 687

The application is governed by the Adoption of Children Act 1965, which leaves the discretionary approval of the child's names to the court, guided by the paramount consideration of the child's welfare and interests. The child has become familiar with the new names, and the applicants have demonstrated commitment to both his cultural and personal identity. Approving the desired naming pattern serves his best interests.

Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Adoption Application / Judgment on Change of Name Application
Outcome
Change of name approved
Legal Topics
['overseas Adoption' 'change of Name' 'best Interests of the Child']
['family Law'] ['overseas Adoption' 'change of Name' 'best Interests of the Child']

Case Brief

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Procedural Posture

Adoption Application / Judgment on Change of Name Application

Legal Issues

  1. 1 ["Should the court approve the applicants' proposed change of the adopted child's names, in light of relevant statutory provisions and the child's best interests?"]

Ratio Decidendi

The application is governed by the Adoption of Children Act 1965, which leaves the discretionary approval of the child's names to the court, guided by the paramount consideration of the child's welfare and interests. The child has become familiar with the new names, and the applicants have demonstrated commitment to both his cultural and personal identity. Approving the desired naming pattern serves his best interests.

Court Disposition

Change of name approved

Orders

  • ["The child's forenames are to be 'B' and 'S' in that order, with the surname of the applicants, as sought in the application." 'Adoption order made in favour of the applicants.' 'Ancillary orders as set out in the signed and dated orders.']