Deed polls/change of name

[Jo2021]

Bit of a complicated one, possibly long.

I have 2 kids by my first husband who sadly passed away. This left me with sole parental responsibility. Some years ago I drew up deed polls for myself and my children changing our names to that of my then partner. I understand I was totally within my rights to do this as I had sole PR. I never got these documents verified by a solicitor and wonder if this means they aren't actually valid.

Further to this - I subsequently gave PR to the same partner by way of PRA which we went and had witnessed etc. The children's names on these documents show his surname as we had changed it by this time. I had copies of these returned to me as being recorded officially with whatever department it is.

Fast forward several years. That relationship has broken down and we have no contact with him.

I'm now wanting to change my kids' names back to their original birth names. As they currently use my ex partner's name and this is their name on the PRA I understand I should seek his approval to change their names back.

However

Was that original deed poll, which I made when I had sole PR, even technically valid? I never made an affidavit, I never had it countersigned by a solicitor, nothing.

I used that document to change their names on their school record and at least one of them had their medical record changed with it. Their bank accounts are still in their birth names as I never changed these using the deed poll.

So my questions are these -
The original deed poll I wrote and signed when I had sole PR - is it a valid document to officially change their names even though it is not verified by a solicitor and there is no affidavit?

If it's NOT valid then, by definition, the PRA I had signed with my ex is not valid or legally binding because my kids never officially had that name and the record of it in whatever archive is basically trash. Am I right?

If the deed I wrote and the PRA are not valid I am then free to do whatever I wish as it would remain only myself with sole PR. Can anyone help/advise?

The decisions I made during that relationship are some of the worst ever and I want for myself and my kids to be free of it. We've lived with it for so long and I need very much to close the door on the whole thing.

Thanks

Just change their names. There’s no way for anyone to know he has PR, his name isn’t on their BC and there’s no one who will check.

Are you changing back to their birth names? If so it’s very straightforward as you just use their BCs as ID.

My two eldest had my ex’s surname, I left him when they were toddlers and we all went back to my maiden name. When I remarried DD chose to start using DH and my surname so she’s had two name changes, so I’ve got plenty of lived experience of all this.

Change their names back and put it behind you.

Sorry I’ve reread and you did say birth names. Simple simple then.

Also my DH has PR for my eldest two through a court order and I have literally never been asked to produce the document in any situation.

Thanks. Although they are on roll at school as the ex's name. The school don't know about the PR thing. I know they will want a sworn declaration thing to change it back to their birth names, which I can do. Just don't want to fall foul of family court should it ever come out that this guy had PR (if it's
valid) and he was never consulted.

The school should refuse to change the children's name without either a court order or evidence that everyone with PR agrees. They may agree but, if they do, they are in breach of government guidance and going against decisions by the courts.

The PR agreement is definitely valid regardless of whether your children's name had legally changed. It is clear who it refers to. The original change of name is also valid. A change of name deed does not require an affidavit or a solicitor's signature.

To change your children's name legally you need your ex's agreement, or a court order allowing the change of name, or a court order removing his PR. If you go ahead without one of these, your ex could go to court for an order forcing you to use their current names.

The situation is not as set out in the replies.

Your original change of name is valid. There is no requirement that a solicitor is involved in this.

You refer to your ex as your partner. I am assuming from that that you were never married. That being the case he could never have acquired parental responsibility. A step-parent can only acquire PR if married to the parent. So the PR agreement is void.

If on the other had you were married at the time of the grant of PR then he still has PR and you need his consent to change their name again.

Apologies. I overlooked the fact you refer to him as your partner. As Collaborate says, if you were not married the PR agreement is not valid.

As Collaborate says, if you were not married the PR agreement is not valid.
I'm very interested in this information as I have a child in my class whose mother has learning difficulties and who is in an abusive relationship with a man who controls her and the child. She doesn't even live with him but has given him PR so now is constantly involved with school. If it's not valid this could be a game changer.

Sorry OP, complete derail. 💐

If it's not valid this could be a game changer

If he is not the child's father and she was not married to him when she gave him PR, it is not valid.

Thank you so much for this @prh47bridge, I've already looked on the government website and read the form for myself now and emailed my head to ask him to look into this further.

This bloke is all over absolutely everything at school. He constantly messages me and I've already spoken to the school office and the previous teacher the child had last year about why the man is allowed to be so involved with the child and on all of our messaging and I have been told that the mother has 'given him PR'. They definitely aren't married and they don't live together either.

I've checked. On the forms I have he signed the section named 'father' although he is not their biological father. And no, we were never married.

In that case he does not have PR and you are free to change your children's names.

@Collaborate

Are we correct here?
I have a feeling the wrong forms were filled out.

It doesn't matter which forms you filled out. As you were not married and he is not the biological father of your children you could not give him PR.