Childs deed of name change

[ConfusedStressed]

Posting on here for traffic,

Can someone please advise me on changing my childs name by deed poll?

I had 3 children in a DV relationship, by the time my youngest was 1 he was found guilty and given a court order to have no contact with me and the children.

I had the court order extended when it was due to expire and they extended it until 2020. Ill apply to have it extended again before it expires. Since we have had the court order he has made no attempt to contact the children or go through official routes to contact them

All 3 of my children have the same parents but my first 2 have my last name and i was bullied into naming my 3rd after him. My youngest is nearly 3 now and due to start school next year. I dont want him having a different last name to us anymore.

I have looked on the london gov website and the forms & it says id need a witness who has known us for 10 years who isnt related to us -- i do not know anyone. I moved 40 miles away when i finally left my ex and cut contact with everyone from my hometown so i literally dont know anyone 10 years + and the longest i have known people round here is only 2 years

Do you thinj i could still apply for a deed of name change and just send in a letterr explaining why i dont have any witnesses? I feel like that wouldnt be enough but i cant bare the thought of him going to school and realising he hasnt got the same name as his siblings. Thanks for reading

No you can't. You have to have a witness.

And if he has Parental Responsibility (if he's named on your child's birth certificate) he also has to sign his consent (again with a witness). This applies no matter what the circumstances.

Useful tip from experience. Find a deep poll template online. Type it as you want it in MS word. Get a thick Concord (?) paper, print it. Sign it and find someone to sign as witnesses - neighbour, friend, church vicar, solicitor, etc. Send to necessary offices for name change.

You DON'T HAVE TO pay to get a deed poll. It is legal and recognised whether you draw it up yourself or pay a company to do it, no one will ask you that. As long as it is officially typed and signed.

You could go to court to try to get a court order to change it

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

If you are the sole parent of your child and you have the no contact court order, you can do it without his consent.

For children you either need the other parent's permission (if on the birth certificate) or a court order

Do you think your old gp might act as witness? They would probably charge but worth a try.plus you will have to pay the fees to change name on birth certificate as I think that's something new now.

I've looked at the notes and it says:

What happens if the applicant has known no-one for 10 years?

If you have not known anyone for 10 years or more, an additional Affidavit must be included, which explains the reasons why. This will then be referred to the Senior Master for permission to enrol the change of name.

I could be wrong but I thought you needed the other parents consent if they are named on the birth certificate, regardless of circumstances, unless you get a court order to change it without consent. Hope I'm wrong for your sake!

You do need consent or a court order

Could you not include it in your next court order for contact? That might be the easiest way. If it is done even the day before he starts to school then school will have to run with it. You could also speak to school explain the situation and ask that they use a "known as" for stuff like his coat peg - they might have issues with reports etc but these can catch up when you do get it changed.

You could just start by doing it by common usage. Just enter him at school with your surname. It's also worth having a deed poll done without the court order and applying for the passport, I've known it go through for people with no problem.

Thank you for the replies

Deathstar No i can definetly change the name without my exes consent. There has been a long history of DV and they would not expect me to try and get his consent considering the circumstances,

RolyRolyRolyPoly I dont understand, i thought the fee you paid was to get the deed poll processed? On the website there is forms to print and download and once you fill them in you pay £36. Im going to google a bit morre about it that in a minute,

I assumed because i have a court order in place which states he cannot contact myself or any child of the family i wouldnt need to apply for another court order? I am the sole parent as they havnt seen him 2 1/2 years.

Dementedpixie does it have to be a specific court order or would the court order i already have be enough? I dont know how they look at it legally but from my point of view surely the fact the courts have said he isnt allowed near the children is enough evidence as such?

Can i ask what website your looking at so i can look?

Im just looking at a court order form now (C100)

Which box would i tick for a name change?

Child arrangment order
Prohibited steps order
Specific issue order

Theres a box to specify the nature of the order you want but i dont know which one applies

@ConfusedStressed Unless there is a new law that one must pay to obtain deedpoll (my experience was 2015) from a specific website, then you don't have to go through any website to get one or pay to get one.

There are UK deedpoll templates all over the internet and you can use one to word yours properly and create it with MS Word.

Since you have a court order already in place, you don't need another court order and since you are the sole parent and he hasn't been in contact for years, you don't need to contact him or his permission.

Once you print and sign your deedpoll and get it signed by two people, you only need to produce the court order if an organisation (GP, School, etc) asks you for father's permission. If no one asks, then just send copies of the Deedpoll to them for name change.

It would be specific issue

(Child arrangement is about living arrangements and contact, prohibitive steps is to stop something happening like taking on holiday)

You may need to take advise regarding whether you need an another order - sometimes PR is changed with certain types of order from the court but it depends on the wording of the order which is individual to each case as I understand it

RolyRolyRolyPoly That makes things a lot easier, i can just pop to the libary to print it out and then straight to the post office, i genuinely thought you had to pay a fee for them to process it 🤦‍♀️

Im really struggling to think of 2 witnesses. Do they have to be of a certain job or anything or can it just be any 2 people?

My dad is friends with a retired policeman who we have known since being small ( i havnt spoken to him for years so forgot about him & would feel cheeky asking but im going to )

Could his wife sign it aswell do you think? Aside from him there is literally no one ive known for 10+ years.

I know my childs nursery manager would sign it if i asked but im not sure if she would be elegible as ive only known her for 2 years, same as my GP

I started looking into it when i first left him and now i remember why ive left it so long 😂 i just find the whole thing very stressful

I did this last year and did what roly poly suggests. It had been accepted at all places so far.

dementedpixie just had a quick read about affidavit & it says it needs to be sworn infront of a solicitor/comminsor of oath or officer of senior courts.

How do i go about that? I dont have a clue how much soliciters charge 🤦‍♀️

Go to Gov.uk and search on there about deed polls, dont go through any other website.

A deed poll is free, but some organisations like banks want an enrolled deed poll which is simply having it officially published. That's the bit that costs £36.

@ConfusedStressed I'd you go through a website,/company to get the deedpoll, then they will charge you to make it and send but if you do it on your own, you don't have to pay as it's just a document and you create.

Your dad's friend and childs nursery manager would do if you could ask them or anyone who knows you really regardless of time - I didn't use anyone who knew me for 10 years (They knew me less than 2 years) and no one asked about them or even contacted them.

You don't need a solicitor to witness. It's one of the ways you can do it and will have to pay but you don't need all that. I found out the last minute and it made things so much easier.

When you're done, send it to get names changed in Passport office if DC has a passport, then use copies of new passport with deedpoll to send to other places.

Deedpoll can replace birth cert name. Always send copy of birth cert alongside deedpoll (or originals where asked and make sure to keep a copy and ask for original back) which shows DC will no longer go buy birth cert name.