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Changing a child's name

(11 Posts)
DragonMamma Thu 25-Apr-13 16:35:51

Hi

I have been looking in to changing my DD's name (she's almost 6). Her bio dad has had no contact since she was a touch over a year old - his choice.

The CSA tracked him down and take maintenance direct from his wages after trying to dodge them for an extraordinary long time.

I want to legally change her name from my maiden name to the name she is known as, which is my DH's name.

I understand that I have to submit a form C100 (is this correct) to the courts but it asks for respondent's details. Is this her bio dad's details? I only have an old address for him and he's never responded to any correspondence. The CSA won't give me his details due to data protection so I'm a bit stumped. He's either not on Facebook or has blocked me as I cannot find him that way either. And embarrassingly, if it does mean his details, it asks for his DOB and I can only remember day and month, I can't remember the exact year blush

Oh, he is named on the BC and therefore has PR.

Are the courts likely to grant the legal name change? Given that her official name is my maiden name and there's no connection with that name and her bio dad and I genuinely believe it's in her best interests as this is the name she believes she is called.

Thanks

Zavi Sat 27-Apr-13 22:06:25

Change of surname cant be done without the agreement of all those with PR for a child.

If you're unable to contact DD's dad then just go ahead and make the court application. The court's "tipsters" will locate Dad and inform him the application in respect of his DD.

The court will need to be satisfied that any change to your DD's surname will benefit her - or that her current surname is to her deteriment.

The court may decide that, since your DD has so little contact with her Dad, that the surname link is one that is worth preserving.

Then again they may not.

Of course you wont have a contested hearing on your hands if her dad agrees to the surname change...

geologygirl Sat 27-Apr-13 22:31:35

Not sure why you would want to change it to be honest. Why give her dad that blessing when he clearly doesn't want to know her or be a father to her? You are her mum AND dad, so you should keep your name in my humble opinion!

DragonMamma Mon 29-Apr-13 12:57:56

Sorry Geologygirl, I don't think I made myself very clear in the OP

My DD has my maiden name, which is different to her bio dad's as we split up whilst I was pregnant and he was EA and had a nasty coke habit which he managed to hide from me. When my DD was a year old I met my DH, who I went on to marry.

My DD now uses my DH's surname - which is the same as mine and her brother.

There's no connection between her name and her bio dad as she never shared his surname which is what I should have made more clear - I could understand if I had given her his surname that they may reject the application but as there isn't a link and she is just following my change of name then I am hoping they will grant the change as I believe it's in her benefit to officially have the same name as us, which is what she knows herself as anyway?

If I am unsure of the details, do I just fill the form in to the best of my ability and take it from there? How much will the application cost? I haven't been able to find out online.

DragonMamma Mon 29-Apr-13 12:59:47

Oh and she has zero contact with him. No cards, letters or even a text. I have kept the same telephone number and email address for this very reason - he can never say he tried and failed to get in touch with me.

digerd Mon 29-Apr-13 21:56:03

I understand your need for your DD to have the same surname as you, DH and her DB, and am sure that is was she wants too. So good luck.

So sorry DD's bio dad wants nothing to do with her sad

musickeepsmesane Mon 29-Apr-13 22:00:27

I live in Scotland so maybe different. My eldest had a name change simply by being known by his new surname in school and GP for, I think, 2 years. His passport and everything now have his new name, never been a problem and I never had to consult with absent, uninvolved father.

geologygirl Mon 29-Apr-13 23:36:56

ahhh now i understand! thanks for clarifying. I understand why you would want to change it now smile

Its definitely the right thing for your DD. I think that seeing as her 'father" is out of the picture and hasnt bothered, then they would make the change for you. Its pretty obvious you've tried to reach him but he doesnt want to be found, so that should make it relatively easy? Im no expert of course...

Good riddance to him anyway! Im sure your DH is absolutely lovely & you are a happy family unit. Your DD is lucky to have you.

DragonMamma Tue 30-Apr-13 12:15:59

Music - I saw the rules differed in Scotland, it seems a lot more straightforward.

Geology - thank you, my DH is an absolute star and has never once treated her as anything other than his own. I'm hoping a change of name will be simple...

lostdad Wed 01-May-13 13:00:52

So your daughter has your maiden name and you want to change it to your current husband's name?

What would you do if you split up with him? Change it again?

I am currently assisting someone in court who did this and the child has a different name to both his mother and father now. confused

STIDW Wed 01-May-13 21:19:18

Are the courts likely to grant the legal name change?

Google Dawson v Wearmouth!

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