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Does my ex still have parental responsibility if we have a court order

54 replies

BitConfused28 · 30/12/2019 21:38

Im looking to change my youngest childs surname ( all 3 have the same dad but was forced to name my youngest after his dad, so 2 have my name and 1 have their dads name )

And the application says everyone with parental responsibilty must agree to the name change

I left my ex 2 years ago when my children were both under 2. My youngest was only 8 months, by the time it was his 1st birthday it had been to court and my ex had been found guitly and given a court order not to contact me or the children.

So does he still have parental responsibilty for the kids even though hes not allowed to see them or contact them?

It says you'll need a court order if you dont have permission. Do i have to apply for a family court order or can i just send them a copy of the court order we have?

Its bothered me for a long time but ive just applied for my youngests school nursery place and it was a bit shit seeing their names together and it not being the same

OP posts:
notangelinajolie · 26/01/2020 11:20

A friend of mine in the same position has simply added a middle name and informed school it was their preferred surname. Another has double barrelled it and dropped one of the names. Aren't both your names on the birth certificate?
People use different names all the time without ever officially changing them.

prh47bridge · 26/01/2020 13:00

A friend of mine in the same position has simply added a middle name and informed school it was their preferred surname

The school should ignore that. If they have accepted it they are in breach of official guidelines. The courts have been clear that any change of name without a court order or the consent of everyone with PR is invalid and should not be accepted by any official body.

The same applies to double-barrelling and dropping a name or any other attempt to get around the law by using a "known as" name or some other unofficial name change.

BitConfused28 · 26/01/2020 18:18

Out of interest, would it be possible for o/p to simply use “known by”?

I dont know why i didnt mention this in the first post but the doctors and hospital have never addressed him with his real name. I get letters about his healthy vouchers in his Birth Certificate name and nursery/school applications are his birth certificates as is his CB letters and anything official i have to name him as his birth cert name

But his doctor and hospital things have always been my last name. So i do have NHS letters with his name using my surname.

So maybe i could bring a copy of those letters to show that he also has my last name on official letters too

A friend of mine in the same position has simply added a middle name and informed school it was their preferred surname

I am going to ask school about this before he starts as from what i have read online Schools can do a "known as name"

I still want to officially change his last name but the court order expires at the end of this year ( I am applying to have it extended and i am 100% positive it will be as he broke it several times last year )

So i think im going to wait until the court order has been extended to apply for legal deed of name change, i dont want them to think im trying rushing it before the order expires, if i wait until its renewed theyll be able to see its ran from 2017 to whenever they extend it to.

But for now i think i will go down the route as known as,

OP posts:
prh47bridge · 26/01/2020 19:56

So maybe i could bring a copy of those letters to show that he also has my last name on official letters too

I would expect the court to criticise the doctor and hospital for using the wrong name rather than grant you a name change on this basis.

I am going to ask school about this before he starts as from what i have read online Schools can do a "known as name"

Government guidance is clear that they should not do so. I'm sure there are schools that will but they are not supposed to.

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