Changing my daughters surname without permission

[Rose1921]

First time posting here but just needed some advice regarding a specific issue order.

I am wanting to apply for a specific issue order in court to change my daughters surname from her fathers to mine.
I have a older child with a different father who has my surname, and a younger child with the same father as my middle who shares my surname. So it is just the middle child who does not share the same surname.

My ex the two youngest father was abusive, and has been to prison for abuse on numerous occasions and even on his most recent partner for domestic violence.

He has 0 contact any contact last time was 2 years ago, with my children and has had to go through social services in the past in a contact centre which he did not turn up to. And he did not complete the parenting class they told him to complete.

He is very violent, takes drugs and takes no responsibility for his children (2 of which his has with other woman)

I have a current non molestation order against him due to him threatening me recently in my work place after being released from prison.

I would just like to know how likely it is I would be granted a surname change for my daughter since I do not want to go back to court and have to see him ect if the judge is not going to grant it and I have heard they are hard to get. It would be on the grounds that he is a very violent person, has 0 contact with my children denied by social services he must always seek the court if he wants to start contact again, I would like my middle child to share the same surname as the rest of the family not to grow up feeling left out. And the fact that the surname would leave my daughter growing up with a name connected to all sorts of crimes connected to her father.
It was also a struggle to prove my children were mine last time I went on holiday since I did not take their birth certificate

Any advice would be welcome please and thanks xx

www.familylives.org.uk/advice/divorce-and-separation/your-children/how-to-change-your-child-s-surname/#:~:text=A%20mother%2C%20or%20father%2C%20cannot,Court%20Order%20should%20be%20made.

"An application to change a child's surname is normally only successful when everyone having parental responsibility for the child gives their written consent.

They may agree to the name change or they may order a Specific Issue Order stating you cannot change the child's name. If there is a Residence Order there will automatically be a provision stating that the child's surname cannot be changed without the written consent of every other person who has parental responsibility or the Court.

A mother, or father, cannot change a child's surname by herself or himself unless she or he is the only person with parental responsibility. Even then if the other parent objects a Court Order should be made. Any child who has sufficient legal understanding may apply in their own right for the Court's permission to change their name."

Basically, if he's on the birth certificate and hasn't terminated his parental rights, then you can't change her name unless he consents.

Also, ALWAYS take birth certificates when travelling!

It sounds like you have good reasons to be requesting the change, and it is not as if you are trying to wipe out an active father from their lives - he's not involved.

Courts are reluctant to change children's names, even if the father is not involved, but where criminal activity and association may negatively impact on a child, and where as in your circumstances everyone else in the family has the same name, the court is more likely to be sympathetic, especially if the child also wishes to change their name.

You may get more traction by suggesting the father's name can be added as a middle name instead, so the child retains the paternal link in some way.

Don't be put off applying even though it means the father will be asked to engage in the process. If he's as useless as you say he is, he probably won't respond.

@Ohalrightthen

www.familylives.org.uk/advice/divorce-and-separation/your-children/how-to-change-your-child-s-surname/#:~:text=A%20mother%2C%20or%20father%2C%20cannot,Court%20Order%20should%20be%20made.

"An application to change a child's surname is normally only successful when everyone having parental responsibility for the child gives their written consent.

They may agree to the name change or they may order a Specific Issue Order stating you cannot change the child's name. If there is a Residence Order there will automatically be a provision stating that the child's surname cannot be changed without the written consent of every other person who has parental responsibility or the Court.

A mother, or father, cannot change a child's surname by herself or himself unless she or he is the only person with parental responsibility. Even then if the other parent objects a Court Order should be made. Any child who has sufficient legal understanding may apply in their own right for the Court's permission to change their name."

Basically, if he's on the birth certificate and hasn't terminated his parental rights, then you can't change her name unless he consents.

Also, ALWAYS take birth certificates when travelling!

Thank you for the link!!

@JustAnotherLawyer

It sounds like you have good reasons to be requesting the change, and it is not as if you are trying to wipe out an active father from their lives - he's not involved.

Courts are reluctant to change children's names, even if the father is not involved, but where criminal activity and association may negatively impact on a child, and where as in your circumstances everyone else in the family has the same name, the court is more likely to be sympathetic, especially if the child also wishes to change their name.

You may get more traction by suggesting the father's name can be added as a middle name instead, so the child retains the paternal link in some way.

Don't be put off applying even though it means the father will be asked to engage in the process. If he's as useless as you say he is, he probably won't respond.

Thank you for your advice! My daughter actually already has her fathers name as a middle name (unisex) which I am happy to keep but good point I didn't think about that. X