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Fighting Court Order to change Childs surname @ 5 (its been the same since birth, but ex wants his instead of mine - despite not coming to 5/6 registry appointments)

3 replies

GardenG · 01/05/2023 16:51

Some help would be amazing - the very short story-
My son was born, we moved out of the shared flat within 2 months and mainly stayed at my parents during this time as my ex was vile, he refused to come to the registry office 5 or 6 appointments on the last he was at home and his decision was to stay at home and get drunk in the morning chain smoking in the flat with no windows open, on my return from the registry office he hit the roof as his name wasn't on the birth certificate "I told you had to come in person I can't put you on it without you being in the room" and then "why have
you used your surname it should be mine" to which my reply was - YOU
should have come yourself, why should I use your name if you can't be bothered to register him, which should be a enjoyable thing for most parents to do", I packed a bag and left. and then moved out back to my parents since
he took me to court sadly magistrates who were moronic at best - he didn't
apply for PR so they could make a judgment they awarded it anyway, WTF it
should have been thrown out, they also awarded contact something which had
never been denied, he was supposed to arrive for supported contact with myself every other Saturday 10am for 2hrs - what he managed is a sorry 8 visits in over 1 year, has arranged 13 visits, has cancelled 18 visits, No show for 1 and being late on 2 or 3 has had the opportunity to visit 43 times and should
have in accordance with the order. the magistrates also ordered a specific
order to change my sons name mine effectively as a middle name - despite my son knowing his name, anyone who asked what's your name my son said his full name, plus he was already learning the letters of his name - Plus the fact that I have proof by way of text messages this is a way for him to make my life
difficult - "you won't be able to go on holiday" and text stating my
ex feels he will be able to gain with my son having his name " once I am
on the birth certificate I will be able to get on the council" - so I
broke the court order hold my hands up. BUT HE ALSO BROKE THE CONTACT ORDER - HE FAILED TO ARRIVE - So he took me back to court during which the idiotic magistrates AWARDED him first price for failing to arrive - they removed all the supported contacts and lengthened the time. When I protested " the child is that much older - NO his 5 he is sill a baby, who is gullible, easily manipulated. and the second part of his award is I now have to do a reasonable excuse hearing for the name change - the magistrates can only offer 1 reason to change my son’s surname "to provide linkage to father" IF YOU TURN UP< BE PRESENT>BE FUN>BUILD A RELATIONSHIP would be a good place to start - I have a whole list against.

Has anyone got any advise because it would seem these people have zero interest in anything I have to say

OP posts:
Das45 · 17/07/2023 01:46

Hi i wanted to ask, So the child was registered with your surname alone and he managed to get it changed to soley his surname? how did he manage to pull that one of in court? Did they order yours as a middle and why?

Valhalla17 · 17/07/2023 02:25

Unless you're married you have zero need to add his name as your child's surname. How did that happen exactly?

Valhalla17 · 17/07/2023 02:32

Sorry just reading again and the name hasn't been changed yet but you're being asked to attend court on this issue and offer a "reasonable excuse"?

Not an excuse but a legal and fair reason is that you are (as I understand it) unmarried and so therefore there is no need for child to have fathers surname. Including him/adding him to the birth certificate giving him parental responsibility is one thing, but you have no obligation to agree on the surname change. I'm stunned that a court is asking for this in all honesty.

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