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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Hand anyone had a child’s name changed via court order?

48 replies

NotUmbongoUnchained · 17/07/2018 18:47

If there is domestic violence involved then do you need the ex to be there?

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LadyRussell · 17/07/2018 18:49

I think it depends on whether he has PR you can do it by deep poll but you need his permission.

Your child can be “known as” at school but if the other parent has PR they can object to that too.

LadyRussell · 17/07/2018 18:49

*deed!

NotUmbongoUnchained · 17/07/2018 18:52

It’s for a passport application. My sister has had my nephews name changed via deed poll but the passport office want either a document drawn up by the solicitor or a court order. She’s just phoned me up in tears and I’m just trying to find out some advice for her to calm her down before she can phone the lawyers in the morning.

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NotUmbongoUnchained · 17/07/2018 18:53

He does have PR but no contact and evidence of DV.

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HugAndRoll · 17/07/2018 18:55

Isn't deed poll the official document? I had my surname changed in that way when I was about 12, and my passport was in that name too. I'll dig out the document I have when the children are in bed and let you know the official name of it.

Bbbbbbbb2017 · 17/07/2018 18:57

I have and yes he had to be orderes to attend. Whether they turn up or not is a different mattee

NotUmbongoUnchained · 17/07/2018 18:58

It’s a deepoll that was issued without his permission that’s why the passport office won’t accept it.

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NotUmbongoUnchained · 17/07/2018 18:58

She won’t do it if she has to risk seeing him 😩

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Bbbbbbbb2017 · 17/07/2018 18:58

Hug no it isnt and its really shitty of them as they make you think its legally binding but as this lady has discovered you still need consent or a court order

NotUmbongoUnchained · 17/07/2018 19:00

It’s so unfair Angry

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Arcadia · 17/07/2018 19:00

Family lawyer here. She will have to apply to court for a specific issue order to change his name. She can request special measures at court if she wishes e.g. separate waiting area and screened court room, due to the DV.

ArnoldBee · 17/07/2018 19:02

There was another thread on this 2 days ago whereby the lady had to speak to a special team that exists at the passport office. Speak to them first as they managed to magically resolve it for her.

NotUmbongoUnchained · 17/07/2018 19:04

I think the thing she worries about most is if he is contacted by court and he turns around and says he wants to see his son it will just getvthebball rolling for him without him having to do anything. Obviously she doesn’t want him anywhere near his son. It’s such a bloody mess. She just wants to take her child on holiday.

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Homemadearmy · 17/07/2018 19:09

Can she not apply for the passport in the name that’s on the child’s birth certificate. That way she won’t risk contact with her ex

NotUmbongoUnchained · 17/07/2018 19:10

She wants in in her name. It’s not fair that she should have issues taking him abroad with separate names all because he beat her up and fucked off. I’m so mad for her.

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BoomBoomsCousin · 17/07/2018 19:11

It won’t get the ball rolling for him, because the court considering the name issue won’t order contact. He’s have to apply himself to do that.

Can she not get his passport issued in his original name and take him on holiday just as many parents whose children keep their ex’s name do? DC can then do his own deed poll when he’s old enough.

icedbunlover · 17/07/2018 19:11

You need a letter of permission from both parents if they hold parental responsibility and the deed poll, for the passport office.

BoomBoomsCousin · 17/07/2018 19:11

Cross post.

Bbbbbbbb2017 · 17/07/2018 19:13

If he is on the birth certificate then she also needs court order or written permission to take child abroad anyway.

icedbunlover · 17/07/2018 19:13

Other countries seem to be tightening rules on kids with different names to their parent, my sister was stopped in Germany last month. So it worth getting passports in the same name where possible.

NotUmbongoUnchained · 17/07/2018 19:13

If he turns around and says no, is that it? Does he get the overall day because he’s a man? It does seem a like a hugely unfair process.

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ArnoldBee · 17/07/2018 19:15

I'm not sure you've registered my earlier post. I'm.trying to.find the thread to get you the name of the passport team that can help you.

Bbbbbbbb2017 · 17/07/2018 19:20

NotUmbongoUnchained nothing at all to do with being a man 😂 it applies both ways and for good reason

MrsBertBibby · 17/07/2018 19:22

No, he doesn't get overall say because he's a man. He can refuse to agree, and if he refuses to agree, the court will decide. It is hard to get permission to change a child's name.

You sister can't take the child out of England /Wales (assuming that's where she is) without his consent or a court order either, unless she has a residence /live with order in her fzvour. Does She?

Homemadearmy · 17/07/2018 19:22

Have a look on the deed poll site, it explains the process. She may granted the court order as he doesn’t have contact with the child.
It’s not because he’s a man, it’s because he is on the birth certificate and therefore has parental responsibility.

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