Birth certificate changes

[Biscuitsgalore18]

Hello,

My dd is 12. I was in a very abusive relationship, managed to escape and we have been no contact for years.

Recently I have had a huge sense of injustice so decided to apply for child maintenance through CMS. Her dad denied parentage, I sent copy of her birth certificate. He has continued to deny. CMS just sent me a god awful letter asking about my sex life, if her Dad has a 'lookalike' I could have confused him with .

Anyway, he is on her birth certificate and her official name is his, although known by my surname. Official documents such as passport are in his name. I would love to get this changed. Ideally I would love for my partner to adopt her, but know her Dad would never agree to this out of spite.
Can I use his denial to get him removed from her birth certificate?
Can i negotiate with him and say i will drop the case he if signs (if there is a form) to relinquish parental responsibility?
Any advice much appreciated

I think you’ll need to go to court to change her name without dad’s permission, so approach a family solicitor.
Does she want to change it ?

You can't get him removed from the birth certificate. You just have to be patient and wait til she's old enough to make a legal declaration herself and change her name that way.

@GoodnightGrandma

I think you’ll need to go to court to change her name without dad’s permission, so approach a family solicitor. Does she want to change it ?

No you can’t. It’s a long and difficult procedure.

He’s on the birth certificate he had rights. Why would he give up those rights if he is abusive - you just can’t. Even to change her name by deed poll you have to have consent from everyone with PR.

If you go to court the court is unlikely to change her name. If he had had no contact at all you might have a case - you easiest way here is not to mention to him about names, partner etc but agree with him he will give up PR and therefore pay no support.

Be careful what you give any new partner subsequently though - giving your new partner the court could still ask for you ex to be consulted - unlikely if he has signed away pr - but you’d still need to apply to court

From the deed poll office website: If one of your parents (or guardians) wants to change your name, but the other parent doesn’t agree (and they both have parental responsibility) then the parent who wants to change your name can apply to the court for a Specific Issue Order, allowing the change of name.
And usually, especially since your daughter is 12 and uses your surname in everyday life, the courts agree to the name change. I think it's worth going straight to court for this one. You can self-represent. You won't need to hire a solicitor, OP. You can fill out the court form, pay the fee at the desk, and wait for a hearing date.
Here's a good link: deedpolloffice.com/change-name/children/applying-for-a-court-order

Your partner can apply for parental responsibility.
www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

Change her name by deed poll. He would have to take you to court to insist it is changed back.
Will he?
No...

I just want to reword what I said...
The court doesn't just comply. I don't want to give the impression that it's a total cakewalk. But I do think in your case, if your daughter really wants to change her name, uses your surname, identifies with your surname, etc.- given her age and ability to communicate her wishes- the courts will take those wishes into account.

You cannot remove him from the birth certificate or have him give up parental responsibility.

@Biscuitsgalore18

Hello,

My dd is 12. I was in a very abusive relationship, managed to escape and we have been no contact for years.

Recently I have had a huge sense of injustice so decided to apply for child maintenance through CMS. Her dad denied parentage, I sent copy of her birth certificate. He has continued to deny. CMS just sent me a god awful letter asking about my sex life, if her Dad has a 'lookalike' I could have confused him with .

Anyway, he is on her birth certificate and her official name is his, although known by my surname. Official documents such as passport are in his name. I would love to get this changed. Ideally I would love for my partner to adopt her, but know her Dad would never agree to this out of spite.
Can I use his denial to get him removed from her birth certificate?
Can i negotiate with him and say i will drop the case he if signs (if there is a form) to relinquish parental responsibility?
Any advice much appreciated

You need to send a complaint to CMS - the protocol is that he pays CMS until he proves he is NOT the father. I presume you sent CMS the birth certificate and they can therefore not refuse to sort out CMS for you. Complain in writing to CMS and then complain to the ombudsman if that gets you nowhere.
With regards to changing the birth certificate. You can try to get him to relinquish parental responsibility which he will be more inclined to do when he learns that means he will no longer be responsible for paying child maintenance.

Your child can use whatever name they want in school and other areas, just not on official documentation and so in everyday life they can be known by whatever name they like.

A court will be unlikely to change your child's name as there has been some level of contact between you and therefore dad could change his mind in future and want a relationship with the child.

When a child turns 16 they can do their own deed poll. Here is more info www.gov.uk/change-name-deed-poll

I should add, as he has denied parentage, and I presume this in writing, you can take this to court. If he then says he believes he is the father, ask in front of the court why he is refusing to pay maintenance. If he continues to deny in front of the court, then ask the court to remove his name from the birth certificate. They may however demand that he takes a paternity test and if he refuses he will be deemed the child's father.

No you can’t, my dd has mine and exes name and even though he is absent I was told court would never agree to remove his name as they think that children should always have a connection to the father , even if the father doesn’t want a connection to them as in not bothering to see them 🙄 he would never allow me to change it just to spite me. She’s 10 now I have to wait till she’s 16, pointless changing it by deedpoll as that still isn’t accepted by the passport office (Without fathers permission) so it won’t make any difference to what you are going now by just using your name anyway

Hi,

Thank you all for some great advice!

DD does want to change her name. She is known by my name everywhere, but her passport is his name. So she has just refused a really great school trip as its 'awkward' that her passport has a different name.

I am hoping he will agree to relinquish parental responsibility to avoid paying maintenance.

@doyouwantachuffedybadge the denial is in writing through child maintenance service. Would this still count? Interesting that their policy is that he should still pay maintenance. He hasn't paid anything and its been around a year since case was opened. I have sent birth certificate. CMS have set up payments direct from employer that was supposed to start this month. However now further contesting, where he now doesn't have to pay.

@TheVanguardSix excellent links, thank you.