Family law/double barrelling dds name

[raspberryjo]

Hi there just after a bit of advice, I would like to add my surname to my daughters she's 7, been split from her dad a couple of years, it's something I've always wanted to and he's always said no. I wouldn't necessarily want her to use it day to day but would just like to share a name on paper for when we're going on holiday etc, and would just love to share a name in general. Just didn't even think about it when she was born because I presumed some day I'd marry her dad and we would eventually share a name. Anyway, I mentioned it again last week and he said no. He has parental rights, and is on the birth certificate so I would need his permission else I need a court order. Has anyone else successfully done this please? Just after some advice/what to do really

Personally I would change my name by deed poll to his. Same result and the added luxury of pissing off your ex 👍🏽

The law in Scotland also requires the consent of all those with parental responsibility, whether name change is by statutory declaration or recording at National Records of Scotland

• If the child is resident in Scotland If your child is resident in Scotland, you don’t need to have the consent of everybody with parental responsibilities and rights — it’s enough that one person with parental responsibilities and rights gives their consent, but that person must consult everyone else with parental responsibilities and rights, as far as practical, and take their views into account, as well as the views of the child themself (taking into account their age and maturity). They should make a written statement that they’ve done this, and official bodies should insist on seeing the statement before accepting the change of name* as far as practical

Unfortunately, that quote comes from a commercial website that doesn't always give accurate information.

The correct information from the website of a firm of solicitors in Edinburgh, "When changing a child’s name, either by recording at the National Records of Scotland or by Statutory Declaration, the parent must have the permission of the other parent if the other parent holds parental responsibilities and rights for that child".

I've changed DD's surname successfully in primary school and now secondary school. They use "known as" so every contact from them is DD's first name and my surname. She's almost 12. No contact with her dad for almost 4 years.
The day she turns 16 I'll have it all set up for her to change legally by deed poll, you don't need his permission then. She just wants it to be fully legal.

@prh47bridge
I have changed my sons and have the appropriate paperwork, followed guidance given at time, he uses his name now for NI, Driving licence etc
But I'm sure you know best 🙄

As he is clearly over 16, your son can use whatever name he wants.

It is not uncommon for official bodies to accept a name change for a child when they shouldn't. Schools and doctors frequently get it wrong. For example, a lot of schools will accept a "known as" surname for a child despite the fact that both the courts and government guidance says they should not do so.

I am not disputing your experience, simply explaining the law.