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Deed Poll - absent father

(19 Posts)
Godotsarrived Wed 06-Dec-17 13:07:23

I am posting on behalf of my daughter who had her baby when she was 18 years old. He is now 2.5 years old and his father lost contact with him just over 12 months ago when he and my daughter split up.

My daughter would like to apply via Deed poll to have her son's name changed to her surname, however the absent father is on the birth certificate and has ' parental responsibility'

Has anyone successfully changed their child's name via the official deed poll service, with the name change being advertised in the London Gazette and lodged with the Royal Courts of Justice, having written the affidavit of why the absents parents consent can not be given.

The name change via the official channels is the only one that is accepted by the passport office, which is why she wants to go down this route.

She has tried to get in contact with the father, however letters go unanswered and there is no contact in any form either with him or his family.

Thanks in advance

Racmactac Wed 06-Dec-17 13:33:14

She can't change his name without fathers permission. She needs to make an application to the court for specific issue to change his name.

Godotsarrived Wed 06-Dec-17 13:53:45

So does this apply even though the government forms cite that you can apply with an affidavit stating why consent can not be obtained?

Racmactac Wed 06-Dec-17 16:14:27

But from what you say she hasn't tried to get his consent.
You need permission from everyone with pr to change child's name or a court order

Godotsarrived Wed 06-Dec-17 17:20:44

She hasn’t been able to get consent because she hasn’t been able to contact him. He ignores

OurMiracle1106 Wed 06-Dec-17 17:22:20

He may have moved. If it’s because she wants the same surname as her child she could just change her surname instead of the child’s? She won’t need consent to do this.

Godotsarrived Wed 06-Dec-17 17:34:09

Sorry phone. She can not get consent as he will not respond to any email or letter for contact. She has requested several meetings to discuss her son but he just doesn’t reply. She has written to him at his last known address and to his family to ask if they can encourage him to contact her. There is absolutely no response from him unfortunately.

prh47bridge Wed 06-Dec-17 18:57:45

If your daughter cannot get her ex's consent the only way forward is to apply to the courts for a Specific Issue Order. She will need to show that she has made reasonable efforts to get his consent before going to court. However, the courts are reluctant to allow the father's surname to be removed so there is no guarantee of success.

Godotsarrived Wed 06-Dec-17 19:49:05

Lord it is so depressing that a child has to carry the name of someone who has zero interest in him. Difficult conversation to have with a little boy who will question why his name is different to his mums and the rest of the family. If there was contact between them it wouldn’t be an issue at all.

Ta1kinPeace Wed 06-Dec-17 19:52:19

Why does she just not use her own name ?

The birth certificate will not change but everything else will ?
You can call yourself anything you like so long as its not for the purposes of fraud.

If she just tells everybody that the child has the same name as her that is that.

Jenala Wed 06-Dec-17 19:54:02

When I was growing up my name was officially my father's but I used my mother's surname everywhere - school, gp, dentist etc. Then changed it officially at 16.

Jenala Wed 06-Dec-17 19:54:25

Sorry pressed post too soon. Meant to suggest this could be an option.

Ta1kinPeace Wed 06-Dec-17 19:59:37

jenala is right - and its a more common work around than many realise

Godotsarrived Wed 06-Dec-17 20:13:03

I think that’s the way she will go. Her ex was a coercive corrosive bully. There is no way on earth she will change her name to his. He was in the little lads life for a matter of weeks.

prh47bridge Thu 07-Dec-17 00:06:12

If she just tells everybody that the child has the same name as her that is that

No, that is not that. Official bodies such as schools, doctors, etc. should not accept any name other than the one on the child's birth certificate unless there is evidence that everyone with PR approves of the name change or there has been a court order allowing the change.

It is true that this approach used to work. It is also true that some official bodies are not as rigorous as others. But the courts have made explicit rulings on this and the government has issued clear guidance to schools. And, of course, if the father finds out that the OP is trying the "known as" approach he would have no trouble getting a court order putting a stop to it.

prh47bridge Thu 07-Dec-17 00:06:59

Sorry - the OP's daughter, not the OP

Familylawsolicitor Thu 07-Dec-17 00:12:20

**Yesterday 13:53 Godotsarrived

So does this apply even though the government forms cite that you can apply with an affidavit stating why consent can not be obtained?**

Where does it state this? The gov uk website page on changing a child's name says

**Enrol your child’s new name
You’ll need either:

the agreement of everyone with parental responsibility
a court order
You must try to reach agreement before you seek a court order**

www.gov.uk/change-name-deed-poll/change-a-childs-name

This is a correct statement of the law IMO.

Godotsarrived Thu 07-Dec-17 00:23:05

The actual forms which I downloaded state that when you can not get consent, you need to provide an affidavit to explain why, which will be considered by a senior Master for permission. The form is the LOC24 issued by the RCJ. There is a need to a declaration to sign the form before a commissioner for oaths. I queried it with the Queens Bench today via email and they concur. Whilst it doesn’t say it will be granted, it does say considered. Sorry I don’t know how to link to the forms themselves but it is definitely in there.

Godotsarrived Thu 07-Dec-17 00:25:57

I’m is just so depressing that a young woman who was effectively coerced into giving her child a name by a controlling bully who has demonstrated complete disinterest in the child can not correct this before the inevitable emotional damage is done to her son.

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