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SPECIFIC ISSUES, SCHOOLING, CHILD’S NAME
DA Family Lawyers in Brisbane can provide advice about what issues should be considered based on your specific circumstances.
Specific Issues Orders are now covered under ‘Parenting Orders’. These are legally binding decisions made by the court with regard to your children’s lives after separation.
Some examples of issues which can be dealt with include:
What school the children attend:
- Requirements for parents to notify and consult the other parent in the event of an emergency health situation when the child is in their care
- Provision for parents not to denigrate the other parent in the children’s presence
- Strategies for how the parents will agree upon changes that have to be made as the children get older and circumstances change.
Specific Child Name Change Issues
Before the court will grant an order, the parent applying must satisfy the court that the change of name will be in the best interests of the child. The non-consenting parent can tell the court why the child’s name should not be changed, and it is up to the court to make its decision.
The following factors can be considered by a court in deciding whether or not a child’s name should be changed:
- The welfare of the child is the main consideration.
- The short and long term effects on the child of changing the child’s name.
- Any embarrassment that is likely to be experienced by the child if the child’s name is different from that of the parent or they live with for the majority of the time.
- Any confusion of identity that may arise for the child if the child’s name is, or is not, changed.
- The court also takes into account the relationship between the non-consenting parent and the child and the time that parent has spent, or is likely to spend, with the child, as well as the degree of identification the child has with that parent, or with the parent applying and, where applicable, any step parent.
If there are two parents recorded on a child’s birth certificate, the child’s name can only be changed with both parent’s consent, except if there is an order in place for one parent to have sole parental responsibility. Otherwise you would need to apply to a court to have the name changed.
If applying to the Federal Circuit Court or Family Court of Australia, the paramount consideration for the court will be whether a change to the child’s name is in the child’s best interest. Some of the factors the court will consider include: –
- The views of the child
- The nature of the relationship between the child and their family
- The culture and traditions of the child and their family
- The emotional impact on the child in respect of identifying with both parents
Yes, we can provide assistance with parenting orders, which are legally binding decisions made by the court with regard to your children’s lives after separation. These include issues surrounding your child’s name; schooling decisions; and emergency health situations.