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Original poster

specific issue order

12 replies

Sarahmac26 · 10/05/2011 13:28

Hi
Anyone changed their childs name at court with a specific issue order. Daughter is 2 years and hasn't seen her bio dad since she was 3 weeks. He's on BC and she has his surname. I know he wont let be change it so have applied to court for a specific issue order. Just wondering if anyone else had done this and been successful
Thanks
Sarah

OP posts:
HarlotOTara · 10/05/2011 18:45

Well I can only site my circumstances - my eldest dd had her father on her birth certificate (before 2003) we weren't married and she had my surname. Her father chose not to be around and some years later I married and had another child. I changed my dd1's surname to my married name (so that she had the same name as the rest of us) by just notifying school and doctor etc. - perfectly ok, medical card issued in new name. When she needed a passport I contacted the passport office who said that as I wasn't married to her bio-dad I could call her whatever I wanted and just had to write to the passport office stating new name, not married to father and a few other things I have forgotten. She has never had any problems, is 20 now. If you have been married think it is a different ball game however.

Collaborate · 10/05/2011 19:26

But OP can't do that as dad has PR (on birth cert). There have been oodles of threads on this recently.

Original poster
Sarahmac26 · 11/05/2011 09:22

Thanks for your replies :)

OP posts:
Original poster
Sarahmac26 · 23/05/2011 13:56

Well I've served him the papers through the post and heard through someone that he's not happy about the name change and is going to oppose it. I need a really good argument as to why its in childs best interests. 1) He hasn't seen her in nearly 2 years 2) I want her to have the same surname as my self and her sibling does anybody think this is a good enough argument? I put in the papers for a specific issue order to double barrel my daughters name to include my surname.

OP posts:
Collaborate · 23/05/2011 15:10

On the basis of the existing caselaw I don't think you have an earthly.

Original poster
Sarahmac26 · 24/05/2011 10:58

sorry what do you mean an earthly Confused

OP posts:
prh47bridge · 24/05/2011 11:08

He means he doesn't think you have any realistic chance of getting the order you want. I'm afraid I agree.

Original poster
Sarahmac26 · 24/05/2011 11:10

Thanks for your reply why is that?

OP posts:
Collaborate · 24/05/2011 11:48

You haven't given any reason why it would be in your daughter's best interest. It might mean you have no awkward questions to answer at the school gates, but it preserves an important link between her and her father (who she's not seeing). On the basis of what you've posted, you simply don't stand a chance unless the court makes a howler.

Original poster
Sarahmac26 · 24/05/2011 12:21

I've applied to double barell her name so that it still includes his name and doesn't break that "link" with her biological father. My daughter has 2 older sisters and a younger brother who all have the same name as myself and she is the only one with his surname

OP posts:
Collaborate · 24/05/2011 13:11

You've issued so have nothing to lose in taking it to court (unless you're paying legal fees). Just don't get your hopes up.

Original poster
Sarahmac26 · 24/05/2011 13:17

It cost me £200 to issue it but its worth a try

OP posts:
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