Name changed without permission

[Askin4afriend]

My friends child has had their name changed by their mother, without consent from the father.

She has forged signatures on the document. The name change deed itself does not have the father mentioned on it at all, even though he has PR. It's written to make it sound like only she has PR. The "witness" of the signatures also had no idea this document existed and denies any knowledge.

How should he go about this? What can he do to prevent the use of these documents and this name?

He cannot afford a solicitor at this time.

Thank you

Prohibited steps order.

How old is the child was it done via change of name deed? Were they married?

Your ‘friend’?

He should go to the cab or similar service depending where he lives.

Is it a police matter? sounds like potential fraud to me.

Take it to court?
Although he has PR, does he have regular contact with his child? Does he pay the recommended amount of child support regularly (absolutely nothing to do with this point, just trying to figure things out).
Did the mum change the surname to her name or a step dad’s?

I changed my daughters last name it involved sending solicitors letters to his last known address and his mother's address (she still lives there) when he did not respond the courts gave me permission

@Changethetoner

Is it a police matter? sounds like potential fraud to me.

The police won't be interested. The mother will not gain financially from this, nor will the OP's fried lose financially.

As Collaborate says, the OP's friend should get a Prohibited Steps Order.

Yes really my friend, I'm trying to help him - I know I know, but it's anonymous why would I lie? I have been a McKenzie friend in the court room.

Change of name deed/ deed poll style, done at home.
Only the child's mothers name is on it. Father isn't mentioned on the name change deed at all.

He was having regular contact when it was written a few years ago. Contact has been stopped by his mum, he has another hearing soon.

He pays all CMS, always has. They've been in court for 18 months, the mother keeps stopping contact, refusing to take the child to contact centre centres, refusing to send updates, stopped email contact, refused the school to send him any info, told the school to call the police if he went to parents evening, put in an official complaint about CAFCASS. There is now a guardian and solicitor for the child so the court can get the child's own thoughts and feelings.
The name was (changed/example) Mildred Smith-Brown (both parents names double barreled) but the child's mother changed it to Mildred Smith (Mother's surname only). She said she did this to include child in their home family, but the siblings surname is their biological father's only, so they don't match either.

He has brought it up in court but it doesn't seem to get mentioned much and new info has just come to light, on the phone hearings it can be difficult to get a point across.

The school should send him the same information they send her, regardless of anything she tells them. To quote from the official guidance, "School and local authority staff must treat all parents equally, unless a court order limits a parent’s ability to make educational decisions, participate in school life or receive information about their children." If they refuse, he should point them at www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility/understanding-and-dealing-with-issues-relating-to-parental-responsibility and make it clear that, if they continue to refuse, he will get a court order to force them to comply with their legal responsibilities. Similarly, they should ignore any instruction from the mother to call the police if he turns up to a parents evening.

Given the situation, he may also want to point them at the section of that document on changing the child's surname and be clear that they must continue to use her full legal name, ignoring any instructions to the contrary from the mother.

To repeat the advice, he needs to go to court for a Prohibited Steps Order. The hearing would purely be about this issue so it wouldn't get lost in other issues. On the information posted, he should have no trouble getting an order forcing the mother to use the girl's full legal name.

Given the mother's behaviour, he should take enforcement action if he has not done so already. He should also seriously consider applying for an order that his daughter lives with him.

Thank you very much.

I did consider suggesting he apply for residency, but the child is refusing any and all contact based upon "mum says dad hurts people", instead of going forwards the case has gone backwards - a lot. So I don't think the court would even entertain the idea. Mum takes the child to every type of therapy under the sun, but refuses to share the outcomes. Mum says their child has anxiety, but school say this has not been the case for over a year. A psychologist has been ordered to evaluate all parties, and explore alienation so hopefully some progress will be made after that, but they've said they have to allow up to 8 months for that, and in the meantime no contact at all is to take place! Hopefully now the child has their own legal representation things will change.

Thank you for the name advice, I will suggest the Specific issue order to him tomorrow.

I really appreciate your time, you've been extremely helpful.

As they are looking at alienation that may provide evidence to support an order that his daughter lives with him regardless of her views. It is not guaranteed but there are cases where it has happened.

@prh47bridge and @Collaborate

The court said that they are not covering the name issue right now as they " don't want to upset the fragile apple cart"

Psychological tests to be done on parents and child, they want to see if the child is justified in their fear or parental alienation.

Order doesn't mention discussing this matter in the future.

It feels like we are getting no where, I'm suggesting he gets a legal representative.