Changing child's surname

[MushroomTree]

Can anyone talk me through the process of changing a child's surname by deed poll?

As I understand it I'll need the father's permission except in a case of abandonment, but I can't seem to find out how long he'd need to be absent for before I can do this.

Any advice would be gratefully received. Thank you

Deed poll site's advice was that dual permission from those with PR is needed... Unless other parent cannot be contacted due to :- abandonment (cannot be found) OR abuse - where contacting other parent is something to be feared because of 'blowout' if there is or has been abuse, domestic violence, stalking, no contact ordered by police or non molestation order or restraining order... Then the advice on the site was to write a covering letter with the deed poll application, explaining why under these grounds, the other parents permission cannot or should not be sought. If the other parent with PR then objects, they'd need to seek a reversal through court but the court would take the child's best interests into account, if a reversal would be beneficial to the child.

Sorry, but this advice is wholly wrong. No responsible body should accept such an explaination.

Oh really Collaborate? Can you provide a link to back up your accusation that I am so wholly incorrect?!
I have provided a link for what I have stated above.
www.ukdp.co.uk/child-name-change-court-order/
and
www.deedpoll.org.uk/CanIChangeMyChildsName.html#Section7

I changed my daughters name last year.
How long has he been out of contact? Do you have contact details for him?
Does he have parental responsibility?

We're not technically out of contact. But it's only via email as there is a non-molestation order in place. Due to his abuse and harassment of me. He's also chosen not to have contact with our child.

However, I can't see him giving permission for her name to be changed as he was insistent she had his surname in the first place.

Re W, re A, re B (Change of name) 1999

After registration of the child’s names, the grant of a residence order obliges any person wishing to change the surname to obtain the leave of the court or the written consent of all those who have parental responsibility.
In the absence of a residence order, the person wishing to change the surname from the registered name ought to obtain the relevant written consent or the leave of the court by making an application for a specific issue order.

You must either obtain his consent, OP, or you must obtain leave of the Court to change his sur name.

The law is extremely clear .

Incidentally, sistersofmercy, the case I cited is reproduced on the Deed Poll website. For what that website is worth!

deedpolloffice.com/change-name/children/case-law/Re-W-Re-A-Re-B-Change-of-Name-1999-EWCA-Civ-2030

Does anyone know the costs involved in obtaining leave from the court?

You will have to try and get his consent before going to court. If you apply for an order allowing you to change your child's surname he must be served with the papers and will be able to oppose your application. You will only succeed if you can show that the change of name is in your daughter's best interests. The courts are generally reluctant to allow name changes.

The Court fee is £215. Solicitors costs depends very much on how he responds. And it opens the door to him seeking contact, of course.

It may well be better to lie low, if you feel your daughter is better off without contact.

sistersofmercy101 The links you supplied are for businesses that make more money the more people they persuade to go with them. They are not regulated businesses . The UKDP site doesn’t t say what qualifications they have (so far as I can tell), so it’s safe to assume they have no recognised professional qualifications. The other one says they are paralegals, which is a meaningless title and again shows they have no legal qualifications.

There are free change of name deeds you can download online.

But you can’t change a child’s name without the consent of all those with PR, or without a court order. There are about a million and one threads on Legal Matters saying this.

Thanks everyone. I think I'll lie low for a while and then try to get his consent.

Does his consent have to be an official letter? Or would him replying to an email saying he agrees be enough?

An email should be fine as long as It's clearly from him, and It's clear what he is agreeing to.

Thank you. Just so I'm clear on the process, if I get his consent then I simply have to fill out the correct deed poll forms and pay the fee? There's no need to go to court unless he objects?

I would just flag that whilst I can understand the emotional need to change the name please consider the practicalities of changing the name, it’s a lifetime for your child with a name changed in deed poll it can be a real nuisance when proving who you are.

I've been through this. I have messaged you x

If you get his consent you do not need a court order.

Please don't listen to people who recommend using a "known as" name or similar. If he finds out he would have little trouble getting a court order putting a stop to it. The courts have been clear that official bodies such as schools must stick to the name on the birth certificate unless there is a court order or clear evidence that everyone with PR has consented to the change of name.

I simply have to fill out the correct deed poll forms and pay the fee?

There is no fee to pay, unless you pay for someone to fill in the very simple form for you, that you can find for free online.