NSW Misleading court

[User4321]

Hi,

I am self represented and the mother is represented by lawyers in Parramatta. On a specific order for my daughter’s change of last name they wrote to the court falsely that the father is not responding and conducted a quite hearing.

In fact I had already responded to them that my elders will make that decision. Traditionally it is the fathers last name that the child gets. Mother wanted her father’s last name to be given to the child.

No documents were served to me. The court also did not contact me or called me to attend the hearing. I was not even told that the hearing was going on.

The registrar signed the document instead of me and the mother succeeded to change her name.

What sort of system is this? Can anyone call this justice?

Thanks

 

[Tim W]

• In fact I had already responded to them that my elders will make that decision. Mother wanted her father’s last name to be given to the child.

No documents were served to me. The court also did not contact me or called me to attend the hearing. I was not even told that the hearing was going on.

The registrar signed the document instead of me and the mother succeeded to change her name.

What sort of system is this? Can anyone call this justice?

Thanks

What do you mean by "elders"?
Parents?
Elders of the church?

Traditionally it is the fathers last name that the child gets.

But that's all it is - tradition.

In Australia,

• you are not bound by law to follow any family tradition of naming;
• you are not bound to follow any pattern of taking surnames etc;
• you are not bound by law to comply with any religious rules about naming;
• you are not bound by law to use the surname of either parent (nor of any other relation).;
• you are not required by law to choose a name from the ethnic background of the child.

Subject to a few commonsense exceptions (the law calls these "prohibited names"),
a person can name their baby pretty much anything they like.

 

[Atticus]

What sort of system is this? Can anyone call this justice?

Unfortunately the only system we have .... The Family court is not about justice.

No documents were served to me ....... I had already responded to them that my elders will make that decision

So what was the nature of your response if not a formal one as a respondent to an application? .... Was it merely face to face verbal, email, phone call?

AFAIK, assuming you are named as father on the birth certificate, your approval & signature is required to change Surname. That should be sought by the applicant AND a court should be satisfied that has taken place. It's a legislative requirement unless the circumstances are somehow exceptional.

Probably more to the story I'm thinking , but depending on when the order was made, you may still be within time to appeal.