How to remove exes PR

[ElizaJones]

I am desperate for some legal and advice and wondered
if anyone could please help me. No solicitors do a free half hour consultation around here.

My ex-husband, and father of my 13 year old, was a violent, abusive
man. 7 years ago he was convicted of rape and then a while later of possession indecent images of children. For the rape and domestic violence he spent 4 years in prison but will have been
released by now. Obviously, he can’t ever have any contact with DD.

I don’t know his current address and he doesn't know mine.

DD is desperate to change her surname to mine. I can’t do a simple deed poll as I don’t know where he is and I wouldn’t want any direct contact either. I would like to go to court and apply to change her name that way but I would need to do it myself as I can’t afford a solicitor. Is this even possible?

thanks you for taking the time to read my waffle!

You can't remove his PR

however I believe you can make an application to change a name but you would need them to agree not to contact him and ask him personally I would have done it while he was in prison

You could, until she's old enough to change it herself legally, just call her by your surname at school etc.

It's only on her passport you can't do much without either consent or a court order.

childlawadvice.org.uk/information-pages/changing-a-childs-surname/

Can I myself apply directly to the court?

she is using my name at school etc. but is going on a school trip abroad and doesn’t want to have her passport in her old name. It’s important that nobody links us with him.
He is very violent and threatened to kill me if I reported him to the police. I fully believe he will do that if he finds out where I live. In the past he has beaten me until I was unconscious, fractured my skull and strangled me. If he finds me he will kill me.

social services have said that under no circumstances is he allowed to have contact with DD. It seems ridiculous that he still has the right to PR. It means he can demand school gives him info about her as well as GP. He could even stop me from going abroad
on holiday.

I believe it can be removed but it's extremely rare.

Step-parent adoption would also terminate the biological father's PR (I'm not sure whether that's appropriate to your situation though).

Might be worth having a quick look at D v E (Termination of Parental Responsibility) [2021].

Given the severity of your situation, you might have a chance of success in court, I imagine you'll need a good and knowledgeable solicitor though.

Good luck.

The school will be able to handle the passport situation. The children won't have possession of their own passports for her friends to look at or whatever. They will be collected in before the trip.

Your ex won't know that she is using a passport.

Getting a passport in a name that isn't her legal name before she is 18 isn't an easy task.

I know it seems like forever now but once she's 18 she can change her name simply without anyone's permission at all.

The age for deed poll is 16 - not 18, so not long to go.

Oh gosh, even better!

As you were married the only way his PR can be removed is if your child is adopted. Unfortunately, D v E (Termination of Parental Responsibility) [2021] doesn't help. That concerns a case where the father got PR by being named on the birth certificate. The courts can remove PR if the father gains it that way. They do not have any powers to remove PR if the parents were married.

prh47bridge is, of course, completely right. You can't apply to terminate his PR BUT that doesn't mean that the court couldn't help. Look e.g. at cases like this www.familylawweek.co.uk/site.aspx?i=ed183875 and www.familylaw.co.uk/news_and_comment/re-a-and-b-children-restrictions-on-parental-responsibility-extremism-and-radicalisation-in-private-law-2016-ewfc-40 where the courts have helped to change names and protect children from violent fathers with PR.