Hearing at family court regarding name change

[Kim252628]

Hello, I have been divorced for four months and separated for two years. My son (M 5) has his dad’s surname and I have applied to the court to ask that it be double barrelled. We share custody. I tried to engage him through a mediator but he refused which is why it’s gone to court. I’ve already submitted my statement and we have a date set for two months time. I set out in my statement why I felt unable to push for his name to be double barrelled at the time of his birth and how he finds it confusing to have a different name to me and questions this. I’d really appreciate hearing from anybody who has been through this process. I have no idea what to expect.

I'm not experienced in this type of request to the Family Court, but generally the procedure goes something like this:

First court date - You will have a chance to outline your position and your ex will be able to put forward his views as well. The magistrates/judge will try and facilitate agreement between you and your ex. However, if you cannot reach agreement during this short (1 hour) hearing then the court might schedule a date for a contested hearing.

Second court date - the contested hearing: You and your ex will each make a statement as to your positions and then the court will make a decision as to whether the name change should go ahead or not.

The most important consideration for the court is whether any decision is in the best interests of the child. The judges and magistrates are not interested in what is best, or easiest, for the parents, but should have the children's best interests at the heart of every decision they make. The rule is that they should only make an order (in this case a name change for the child) if not making the order would be detrimental to the welfare/wellbeing of the child.

Hopefully someone will be along who has some experience of this procedure to give more info.

Following - please could you update how you get on?

My understanding is double barrelled is far less controversial than trying to change altogether.

I think changing at a young age is better as well vs them maybe wanting to do it as a teenager but feeling bad that it may cause drama.