Change child’s surname

[Marley040783]

Hi all, has anyone ever gone through the courts to change your child’s surname , my application is accepted to take father to court, just wondering what they ask me and do I have to take any evidence etc with me?

Hi @Marley040783,

We're moving this thread over to our Legal Matters topic - hopefully there'll be some MNers along soon with some advice.

Its hard to get a name change these days, It all depends on why you want the change, and what positive benefit it might have upon the child.

Thank you, struggling to work out how to use this site

My reasons are to protect my girls future, the father is violent, had his 10yr old removed from his care by Ss and can only see her on supervised visits due to physical
Assault , he does not have the welfare of his kids in his best interest and threatens anyone who goes against him, not forgetting he is in a violent relationship with a heroin addict! By child will not be subjected to anything he has to offer

I take it he has no contact?

Changing the surname won't change any of that. Does he see her?

@Marley040783

Thank you, struggling to work out how to use this site

There's plenty of info on posting on the site in our Frequently Asked Questions page. There are also FAQs on using the app - do take a look, or drop us a line at [email protected] if you have any other questions.

Since iv found out social services where involved and found out the truth no my baby hasn’t gone because she’s 1 and she can’t tell me what happens or what she sees, he’s now cancelled his CSA and his family haven’t bothered for 8 weeks , his other daughter is gettin fostered by her auntie

How will a name change protect her?

Well this is why iv posted on what’s asked in court, I know what’s best for her and know my reasons , would they have taken my case if they read my application and thought it was a waste of time?

Perhaps his name is known and the child will be connected to him?

Known to the courts u mean?

You don’t have to answer, but you’d have to satisfy the court a change of name will make a difference, especially when you’d have to reveal what the new name will be.

And no one at court has a duty to tell you your application is without merit. That’s the job of the judge.

It’s just her surname which is his to my surname ?

As Collaborate says, you will have to satisfy the court that a change of name is in your daughter's interests. The courts are reluctant to allow a change of name so you need a good case.

I’ve exchanged PMs with OP which I will move out in to the open on this thread as what I have to say will help other parents contemplating taking the same steps as OP.

My knowledge and experience of these applications gained from over 25 years as a family law solicitor is that OP will lose. In the 1980s the courts recognised that there is no stigma attached to a child whose surname is different to its mother’s. If a child is no longer seeing the absent parent that is an even stronger reason to retain the father’s name, in order to preserve the link and the sense of identity.

There has to be a really good reason why OP’s child should change their surname. The only reason I’ve been given has been saving child confusion , questions and feeling separate to their parent by having different names. The courts long ago stated such reasons fall well short of the threshold to justify a change.

You might have more success asking for your surnames to be double barrelled but I agree with Collaborate and prh; there is a high bar for a name change, especially high for removing that of a parent.

Clearly iv mistaken the mumsnet site for somewhere for help and advice , my initial question was has anyone been in this situation and what are you asked, a lawyer who’s telling me I will lose is not what I came on here asking for I asked for mums who had been through this !

Collaborate has given you advice. You may not like the advice you've been given but it is good advice. It would be great to tell you that you've got a good chance of winning and advise you how to go about it but, given the way the courts approach such cases, that would be dishonest.

Out of curiosity to the 2 lawyers on here. If op wanted to take her daughter on holiday abroad, is it a problem if they have different surnames? I've heard of stories of kids not being allowed to leave the country without fathers giving consent? Is that correct?

Different surnames are more likely to trigger the authorities into taking a look but the real question is whether they have the consent of everyone with PR or, failing that, a court order. If you don't have that you can be prevented from taking your child out of the country. Indeed, even if you do leave the country you may be refused entry at your destination. Many people every year get away with taking their child abroad without the necessary consent or court order but, as per the stories you've heard, some are stopped.

You’ve just got free legal advice from a practising solicitor and you think you haven’t got help and advice? You’re rude and ungrateful.

@Collaborate I'm sorry but you're wrong. This is not the 1980s. I know of 5 children who had their surnames changed for protection of their identity. It's a lot more common than you would think

There’s nothing rude about my reply, as a family law solicitor why are they copying and pasting from google about the 1980’s?? Something that iv already read, i also know a lot of people who have had there children’s surname changed, this is not the 80’s and a surname doesn’t give u a sense of identity, who u are and how your brought it is what gives you your identity