Can you help? Childs Name change & Can you confirm this is a no contact order?

[JustAQuicky]

Hi

My DD had my surname from birth, never had her bio's dad. Changed her & my surname to a family members maiden name before court awarded him PR.

I'm due another DC in a month atm baby will have my surname to match my DD and myself. If I wanted to change all of our surnames to my DP could I do this?

I've seen online the following;

There are certain restricted circumstances in which they can go ahead without permission (name change) but they are very limited in scope, and the process will be by court order. These circumstances are:
The party is in prison for offences such as murder, or sexual offences such as rape.
A ‘no contact’ order has been issued.
The party has left home to escape from violence and/or abuse and is at risk of still being subjected to it.
If one party is afraid of the other and for the family and fears violence if contact is made because of past violence.

I'm currently seeking a non-mol order and it's very likely it'll be granted, however DD's father tried to go for contact and after 5 months it was stopped. The order states this;

"Upon hearing the Applicant father in person and upon hearing the Respondent mother in person

Upon the issue to be resolved by the court being:
Whether the child have contact with the father

The court orders

There be no order upon the father's application for contact"

Is this a no contact order, he's had nothing to do with DD since this order was made.

TIA

www.gov.uk/parental-rights-responsibilities/what-is-parental-responsibility

Your ex has parental responsibility which means that you can not just walk away, as he has no contact you have a responsibility to keep him updated on how your dd is doing, that could be done via a solicitor though. You do need specific legal advice on this but to achieve what you want you would have to have his pr terminated.

I won't be keeping him updated at all.
He's not even allowed to contact me unless he has a solicitor which he refuses to get.

With threats to kill, abuse of every kind and having stalked us out of 15 homes it would be utterly stupid unless I wanted us murdered and buried in the back garden

I agree that you have no duty to keep him informed. The court would have to order you to do so for there to be a duty.

Can the court do that though?

I mean what would happen if I didn't he doesn't know what nursery/school she's goes to. Her drs Ect we've filled in the form at the GP surgery which they sent off to the record people to make sure he can't write off and get it sent to him with out address Ect on

Yes it can. Look at p9 of this (rather large) link.

www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCIQFjAA&url=http%3A%2F%2Fwww.parliament.uk%2Fbriefing-papers%2Fsn03100.pdf&ei=MtMjVZm7PIO1UY6MhMAM&usg=AFQjCNFCC9jcCF9b1gDtNMx-CVneOID1jA&sig2=0UfDtDxhH50NrU7ZXEzwwA&bvm=bv.89947451,d.d24

Given what you say about how he's behaved I'm sure that your safety and that of your child would be a primary concern for the court.

This thread however is about whether you can unilaterally change your child's surname even if the father has no contact (or if there is a no contact order, which we know doesn't apply to you). The answer to that question is that you still need his consent or a court order in the absence of that consent.

If I took it to court is it something that is generally granted?

I know it's less likely from reading if she had had his surname but as she's always had mine is it more likely?

Thank you for all your help

I would say that it's far from automatic. It always has to be in the best interest of the child. If you can show the court that you need to hide from the father, that may be a good enough reason. But it's a high hurdle.
Take advice from a solicitor on the children panel.

But surely the best interest of the child would be to have the same name as her family especially when she's not breaking any links and has only lived/seen/been loved by those with the old and new surname

If I were the judge I would want to know why you want your child to have her 3rd name. You still haven't said how old she is. There would have to be a very compelling reason. Having the same name as the others isn't good enough. If it were that important to you you could always change your names.

But I repeat - take advice from a solicitor on the Children Panel.

She's nearly 4

First name was - mine at birth
Second name - was on advisory from the police incase we needed to get away, we could move have a new name Ect still a family name and means very much to me though
Third name - would be so we could have DP's or at the LEAST double barrel it.

My now surname and dps surname have geary meaning to us now

All was well until I applied for his passport, at which point they requested a copy of the court order (didn't have one) or a letter of consent. I contacted ex's parents and said that I needed consent for a passport in his new name and they sent it.

So my point is, go ahead and change her name by deed poll but be prepared for difficulty in obtaining passport in new name

This backs up the point that I made above. Spamminit only got the passport in the new name after getting consent from her dc's father.

I think the fact that your ds never had her father's name is irrelevant.

Law states that you can't change the name (unless in certain circumstances) without the other parent's permission.

do not change your dc names to that of a man you have not married to!

If you name your new dc as your surname now, you can change yours and the dc name on the birth certificate if you marry the father.

I think you need to separate the issues, firstly protect yourselves from this hideous ex - a threat to kill is an offends in its own right, then sort out the identity matters.