Can you help? Childs Name change & Can you confirm this is a no contact order?

[JustAQuicky]

Hi

My DD had my surname from birth, never had her bio's dad. Changed her & my surname to a family members maiden name before court awarded him PR.

I'm due another DC in a month atm baby will have my surname to match my DD and myself. If I wanted to change all of our surnames to my DP could I do this?

I've seen online the following;

There are certain restricted circumstances in which they can go ahead without permission (name change) but they are very limited in scope, and the process will be by court order. These circumstances are:
The party is in prison for offences such as murder, or sexual offences such as rape.
A ‘no contact’ order has been issued.
The party has left home to escape from violence and/or abuse and is at risk of still being subjected to it.
If one party is afraid of the other and for the family and fears violence if contact is made because of past violence.

I'm currently seeking a non-mol order and it's very likely it'll be granted, however DD's father tried to go for contact and after 5 months it was stopped. The order states this;

"Upon hearing the Applicant father in person and upon hearing the Respondent mother in person

Upon the issue to be resolved by the court being:
Whether the child have contact with the father

The court orders

There be no order upon the father's application for contact"

Is this a no contact order, he's had nothing to do with DD since this order was made.

TIA

[JustAQuicky]

Bump

[JustAQuicky]

Anyone?

[nickymanchester]

Sorry but that is NOT a no contact order. What that means is that the court has decided not to make any order at all on this matter.

So whatever the situation was before he went to court still prevails.

If your dd's bio father who now has PR does not wish her name to be changed then it is down to you to get a court order to allow this to happen.

[JustAQuicky]

No contact takes place what so ever and will remain that way for the foreseeable.

If I were to change DD's name would there be a likely chance IF and that's a big IF he takes me to court to do it bearing In mind

DD never had his name to begin with
NO family connection via the name is being broken on his half as he has 0 connection
No contact
And quite possibly a non-mol
There's been violence/abuse physical and emotional Ect from him and documented with the GP and obviously may well be on this non-mol

[nickymanchester]

Unfortunately, whether or not contact takes place isn't the issue - it's whether a court has actually ordered that there be no contact.

This is such a draconian measure that it is very rare indeed and would only typically happen where the parent had very severely abused the child or mother.

There is also a difference between a non-molestation order and a no contact order - especially when it comes to your dd.

I would suggest that there are likely to be issues with changing your dd's name if you just go ahead and just do it without his permission or a court order. For example, it is quite possible that the Passport Office won't recognise it and refuse to give your dd a passport in her new name.

I would suggest that you really do need to either get his written permission or get a court order. Or, of course, you could just ignore this and hope that the Passport Office and other agencies are ok with it in years to come.

[JustAQuicky]

there is no getting his permission he's been stalking and harassing for 4 years. There has been severe abuse and the police are currently investigation other abuse

It's so bad I've moved boroughs and houses 15 times, and each time he's found me, he's even gone to lengths to start up fake names on forums and post for years as me to try and use it against me. the police have refused to do anything about this as I'm not in danger, obviously they won't be satisfied till I've been killed by him which he's threatened to do to both of us numerous times!

[nickymanchester]

I would strongly suggest that you take legal advice on this matter. I don't know anything about your situation but, from what you have said, I would suggest that it is very likely that a court will agree and allow you to change your dd's name, but it is up to you to go to court and do this.

You have obviously had the courage to go to court before now and I would suggest that getting a court order to change your dd's name would help as you could then totally get rid of any trace of the other surname.

With the threats to kill, have you reported these to the police and, if so, how did they react? If the police haven't taken you seriously on this issue then it may be worthwhile raising it with a solicitor and getting them to engage with the police on your behalf.

[nickymanchester]

I assume that you are aware that when you go to court you do not need to disclose your address to the other party so you don't need to worry about that

[JustAQuicky]

I only went to court because he wanted contact after a year and a half they didn't award anything and he left telling my solicitor "well you've won this round" I'm only going to court now because I have a solicitor I won't be able to go again and face him without one.

If I apply to change DD's name do I have to tell him what it is going to be changed to and does that cover all future name changes if he found out and I needed to do it again? It'll be pointless me doing it otherwise.

The police haven't don't anything he gets given a "verbal warning" every time and they leave him to carry on in the end because "I was persistent" they gave him a harassment notice which was served on him and he's broken it numerous times they told me directly "unless he comes into your property or attacks you we won't do anything as he is within his rights to do so"

[JustAQuicky]

Doesn't matter about disclosing my address.

I've never disclosed it to anyone and he's still found it out! He's even had a "word" with neighbours on the street to tell them he wants to know if I move. His friend and family help him track me down

[prh47bridge]

You could apply for a Specific Issue Order to remove his PR. This would allow you to change your daughter's name whenever you wanted without needing to return to court. It would also avoid telling him what her new name would be. However courts view removing PR as an extreme step so your chances of success following this route are low.

You would have a better chance applying for a Specific Issue Order to allow you to change your daughter's name. This will involve disclosing the intended new name. The order will only cover this name change. You will need to return to court if you want to change her name again in future.

[Collaborate]

Where did you read the online advice referred to in your original OP? It's wrong. You need the consent of everyone with PR before you can change a child's name.

I think your chances of being allowed to change a child's name for the second time are less than on a first time application.

[JustAQuicky]

Numerous post/articles/solicitors state this online.

There's no point me changing her name to enable her and myself to get away from this idiot if I'm going to tell him what that name will be would really defeat the point

[LotusLight]

It sounds like you need a court order.
Also just imagine he changed her name next week without your consent - you may not be too pleased. It works both ways.

[Collaborate]

Then numerous on-line articles are wrong.

Lack of involvement of a father doesn't mean you don't need to seek his consent unless you have a court order dispensing with his consent.

www.familylives.org.uk/advice/divorce-and-separation/your-children/how-to-change-your-child-s-surname/

www.familylawweek.co.uk/site.aspx?i=ed120166

The second link is to a case in which the father clearly had no involvement with the child. The court didn't say that the mother didn't need to have brought the court application to dispense with the father's permission. It allowed her to change the name because she went through the correct procedure, i.e. seeking permission from the court.

[NoPsipsinaChocolateOrange]

I wonder if someone at Womens Aid could help, they have dedicated legal advisors.

You really need a way of getting away from this person properly.

[JustAQuicky]

Lotus.

He wouldn't be able to change her name when she's only had mine, she's never had his name and never will, he's never even had her for 5 minutes supervised let alone his own. It doesn't work both ways at all

It was about VIOLENCE not about lack of involvement!

[Spamminit]

I changed my son's name by deed poll 2 years ago and didn't get consent. If you look at the information on deed poll you may change the name if you are unable to obtain consent.

All was well until I applied for his passport, at which point they requested a copy of the court order (didn't have one) or a letter of consent. I contacted ex's parents and said that I needed consent for a passport in his new name and they sent it.

So my point is, go ahead and change her name by deed poll but be prepared for difficulty in obtaining passport in new name

[JustAQuicky]

I have no contact with his family or him whatsoever.

We changed our names once before and he somehow found them out and tried to put a block on our passport and have them withdrawn saying I hadn't go his consent however it was changed after receiving advice to do so by the police just incase before court awarded PR

[Collaborate]

Spamminit - If you look at the information on deed poll you may change the name if you are unable to obtain consent.

What do you mean by "on deed poll". Deed poll refers to an archaic method of name change that involves advertising in the London Gazette and registration in court. It isn't a publication, or an information resource. The reason why you'd struggle to get a passport in a new name is that the Passport Agency knows the law, and won't change name on a passport unless the name change has been legal.

Anyone on here saying you can change name without the other parent's consent is wrong. You might as well say that you can drive at whatever speed you like on the roads. It doesn't make it lawful. Crucially, it doesn't make it effective.

Go down the legal route. As prh47bridge says, your choices are either to apply to court to remove his PR, or apply for permission to change name.

[LotusLight]

C is right. Although of course all of us could start calling ourselves mavis and our children that today if we wanted to as a nick name and give that to a school who I suppose might not check etc. The problems come when you get to official things. I think it's a very important principle that neither the mother nor the father here could change the name without the consent of the other or court order. It protects both sides.

[JustAQuicky]

Protect the parents on both sides?

Protect him from what exactly she's always had my name, never his we weren't married and he wasn't there when I registered her.

The only parent that needs protecting is myself

[Collaborate]

To protect the right of both parents to give or withhold consent to a name change. If one parent could change the name of a child unilaterally it would be like a ping pong game.

Also, to protect the child from one parent acting against the wishes of another and having multiple name changes unnecessarily.

There is process for you if you want to make use of it.

Out of interest, how old is your daughter?

[Georgethesecond]

If you change it to your partners name and that relationship breaks down will you want to change it again?

[JustAQuicky]

The process has be pointless so far.

We're changing it to get away from him we don't want him knowing what that name is that's the whole point.

No I wouldn't, we'll most likely just as DP's onto ours