In the family law case of Reynolds & Sherman  FamCAFC 128, the couple separated shortly after the mother became pregnant. The mother wanted the child to take her name, and the father, a hyphenated name.
The Full Court stated that “…an order dealing with a child’s name falls within the broad terms of s64B(2)(i) and is therefore a parenting order.”
They also noted that when making parenting orders, the law requires the child’s best interests to be “…of paramount consideration…”, requiring reference to s60CC of the Family Law Act 1975.
The Full Court’s overall opinion was arguably that determination of a child’s name will depend on what is in their best interests.
Children’s matters can be complex. We therefore recommend you seek legal advice from one of our Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker, who is very experienced in children’s matters.
Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.
Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding children’s matters.
Email our Legal Practitioner Director, Shannon Bodeker at firstname.lastname@example.org, for your complimentary pre-read and first appointment at a reduced rate.