Name help and CAO

[FeelingSad4]

Hello
Seeking advice for a friend at her wits end.

Background -
Relationship with child's father 10 plus years, turned violent and controlling when pregnant. Has been on her own since. When child was 4 months old, specific issue order granted to change child's surname to include both parents.

Fast forward 7 years, Dad finally agreed to sign paperwork and name changed by DP.

Issue: child refuses to use paternal surname, becomes emotional and upset when called the name, screams they are not 'his name', and wants same name as Mum. Mum always used both names socially, but school and Drs went on the BC name as was legal name. Child has okay relationship with Dad, EOW contact although not consistent.

Parents drop off at third party to avoid seeing each other, but she has had 4 solicitor letters in last 4 weeks (every Friday at 5pm so far) stating she is breaching court order, child needs to use both names, and she will be put in prison. It is ridiculous, she has sent photos of certificates child has earned with both names, child's bank statements with both names etc. But its constant.

Very concerned for her emotional well-being and as cool aunt have tried talking to child, but at a complete loss.

Any advice gratefully appreciated

If there has been a valid deed poll, that is his legal name, not the name on his birth certificate. School and doctor should be using that name. If they are not, that needs to change.

I am assuming the name on the deed poll is the one ordered by the Specific Issue Order. If the father's only complaint is that the child is refusing to use his name, he would need to persuade the court that mother is causing this refusal. If she is using the deed poll name consistently, making sure that everyone else is using it and encouraging the child to use it, she shouldn't have anything to worry about. And she certainly shouldn't be worried about going to prison. Even if they found against her, the courts would use other sanctions rather than prison.

Thank you, so the deed poll only went through 6 weeks ago despite the court order from 7 years ago. In that 7 years, the GP and school etc. Used the legal name / birth cert name as there was no other documentation at that time, but the Mum has always called the child by the double barrelled name, but the child only wants to be known as the name her mother uses and not the fathers.

She is sending the evidence back weekly to show compliance. Yet the accusations still come, she is working herself into a fret. Just responding with evidence each time would work? Its 5pm every Friday for 4 weeks now.

I would suggest that she stops replying and makes a harassment complaint o The Police

Thank you, can you do this even though its from a solictor?

Thank you

Yes. You can throw a solicitor’s letter in the bin. He’s wasting his money sending one every week.

There is no obligation to reply to a Solicitors Letter

Given that its from a Solicitor they should know better

Have a look at the Solicitors Code of Conduct

https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/

In particular 2.4

I would suggest making a complaint to the Solicitors Regulation Authority that you are being harassed by a Solicitor who is in breach of the standard in 2.4