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Changing your child’s name after separation

April 30th, 2019

After separation, it is not uncommon for one spouse to change their name back to their maiden name as opposed to keeping their married name.  But what about changing a child’s name?

As family lawyers we are often asked about the process for legally applying to register a change of a child’s name.

Section 17 of the Births, Deaths and Marriages Registration Act 2003, provides that:

  1. the parents of a child may apply to the Registrar for registration of a change of the child’s name; and
  2. an application for registration of a change of a child’s name may be made by one parent if the applying parent is the only parent named in the registration of the child’s birth (on their birth certificate), or there is no other surviving parent, or a Magistrate approved the proposed change of name.

This essentially means that if both parents are registered on the child’s birth certificate they must agree to the name change.  If both parents do not agree, then the only way to register a name change is if an application is made to the court and the court makes an order for the name to be changed.

When considering whether or not a name change is in the child’s best interests, the court will have regard to, among other factors and the particular circumstances of the matter:[1]

  1. any embarrassment likely to be experienced if his or her name is different from the parent with residence or care and control;
  2. any confusion of identity which may arise if his or her name is changed or is not changed;
  3. the effect any change in surname may have on the relationship between the child and the parent whose name the child bore during the relationship;
  4. the effect of frequent or random changes of name;
  5. the contact that the non-custodial parent has had and is likely to have in the future with the child;
  6. the degree of identification which the child or children have with their non-custodial parent; and
  7. the degree of identification which the child or children have with the parent with whom they live.

This article focuses on the legal process to register a change in name.  A child’s name can be informally changed through use of a different name.  You should seek legal advice before informally changing your child’s name, especially if there are court orders already in place.

If an informal name change is made through use, the other parent can make an application to the court for the child to only be known by their legal name.

If you are wanting to change your child’s name we recommend that you first obtain legal advice.  Please do not hesitate to contact one of our experienced Cairns family lawyers today to discuss your matter.

[1] Reagan & Orton [2016] FamCA 330.

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Certificates of title – soon a thing of the past

April 16th, 2019

An exciting development in property law has been announced.  After much anticipation, the Queensland Government has now passed legislation which will mean that from 1 October 2019, original paper certificates of title (also known as title deeds) for property in Queensland will no longer have any legal effect.

The titles of property in Queensland have been maintained electronically for many years and the dispensation of paper certificates of title marks one of the final changes to fully electronic titling.  While older certificates of title can be retained for historical value, many a grey hair is likely to be avoided from the stress of trying to locate lost certificates after many years or explaining the inadvertent destruction of certificates.  Currently the process for dispensing with a paper certificate of title is a fairly arduous process involving extensive enquiries, advertising and declarations.

Prior to 1994, every property in Queensland had a paper certificate of title issued for it.  This certificate was required in order to deal with property, by sale, transfer, mortgage or otherwise.  However, from 1994 the Queensland Titles Registry converted to an electronic titles register and has not automatically issued paper titles for property since then.  A paper certificate could only be obtained on request and for a fee.

Where a paper certificate of title is issued, it must be produced when any dealings with the land are to be registered with the Queensland Titles Registry.  Without it, a dealing affecting land (where a paper certificate is issued) cannot register.  It is an important document, that by itself, evidences ownership of property.  As a result, lost or stolen certificates can (and historically have been) a huge concern for owners of property, particularly when trying to complete a sale of their property within the time frames of a standard conveyance.

More recently, the Titles Registry has been working to phase out the paper certificate of title.  When a certificate of title has been issued for a property and a dealing lodged for registration (such as a transfer of ownership which required the deposit of the original paper title), the original certificate would be destroyed and not reissued.

As a result many properties no longer have paper certificates issued today.

Please feel free to contact us on 07 4036 9700 if you have questions about how these changes will affect your property if you have a paper title for your property issued.  Miller Harris Lawyers would be happy to assist you with all your property law questions.

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