The bottom line is that as the ex has PR his permission is required. If he won't give his permission and she wishes to push the issue she will need to take the matter to the Family Court.
She will need to demonstrate that an order made in her favour is in her DS' best interests. The bar is pretty high - the court believes that the surname is an important link with the paternal family (not just the father).
It is a good question to ask: How is it in the best interests of her DS to change his surname? And furthermore - how is it better to change it rather than leave it.
It is what any court hearing will boil down to.
If she decides she doesn't want to/can't take it to court she needs to be aware that she can't just start using another name without changing it - it is not permitted to cause a child to be known by another name.
My friend is looking to change her son's name surname by deedpoll
He currently has her ex's last name, he's doesn't see his DS any more he an alcoholic, taking drugs and living with a drug dealer, verbally abusive, keeps threatening suicide, didn't change her DS to the point he was bleeding and extremely sore for months!, he expect her to hand over her DS when he has rats and never washing himself let alone DS or clean his house.
She has finally got away and moved and now wants to change her DS's surname to hers so at the Dr's, school, passport etc he'll have her name. -The deedpoll customer service said she could say she is the only one with PR and then they would issue it and she'd have no problem changing with the passport, etc.
However DS's birth certificate has his fathers name on it. Won't the deedpoll say only she has PR on it??
She can't afford court and her ex has made it clear he isn't going down without a fight, which if she could afford wouldn't be much
The woman made out quite a lot of people do it as they don't ask for the Birth Certificate
If anyone could help her that would be great. We're both having pretty horrid times with our Ds's dad's