specific issue order

[Sarahmac26]

Hi
Anyone changed their childs name at court with a specific issue order. Daughter is 2 years and hasn't seen her bio dad since she was 3 weeks. He's on BC and she has his surname. I know he wont let be change it so have applied to court for a specific issue order. Just wondering if anyone else had done this and been successful
Thanks
Sarah

have you posted this in Legal Matters? Hope you get some answers and hope you manage to change the name!

Thankyou, Ye I've posted it in legal matters but nobody replyed yet.

takes longer over there, true, but they will help if they can.

I managed to get my daughters name changed with a specific issue order. She is 4 and I got the order just before Christmas. The difference is that she had my maiden name and I got an order changing it to my new husbands. She does have contact with her father (who has PR) but only for the last 2 years - no contact for the first two years. He opposed the application.

In our favour was that she had been known informally by my husbands surname from about 6 months old so when the question of identity arose, and her father knew this and didn't object despite us being through the courts several times during this period. So she actually identified more with my husbands name than my maiden name. Also there are no close family left with my maiden name so there were no family links there.

I believe that generally courts are quite reluctant to allow name changes though. The fact that there is no contact might help, depending on the circumstances behind that.

Thanks for your replys, There has been no contact due to ex's violent behaviour and prison sentences. I heard judges were reluctant to change surnames so was thinking of asking to double barrell the surname.

Just typed and lost a whole message so apologies if it appears twice!

I was warned that judges can be reluctant to double barrel as some parents will gradually drop the other part of the name. In fact I know people who have done this! But all situations and all judges are different. I know our situations are different but I'd be happy to share my outline arguments with you if it would be helpful, you may be able to adapt some of it to suit your circumstances?

Good luck.

Hi

I'm a family lawyer. Judges aren't always consistent in their approach but it has become more common to double barrel specifically with a hyphen so that part of the name can't be dropped. It's important to use the name on the order anyway as the childs passport etc would need to be in that legal name.

The key is to persuade the judge that it is in the childs best interests that their true parentage is reflected in their name. You are both parents and the name should perhaps reflect that. The father has parental responsibility by virtue of his name on the BC so his view is relevant but can be overridden by the court if appropriate for the child.

Please note that if he doesn't have contact but attends court to object and whilst there asks for contact ensure you mention his previous behaviour. That is relevant to the question of contact and the judge at a separate hearing could make findings about what he has or has not done re DV.

One thing to try is to say child could be embarrassed by name of local well known criminal but depends on the association.

If there has been no contact and he is a bad egg I think you'll probably do ok. Ask for your surname and at worst the judge may go double barrel. Nothing to lose but the court fee.

Most family judges are very nice and understanding.

Best of luck.

Well I've served him the papers through the post and heard through someone that he's not happy about the name change and is going to oppose it. I need a really good argument as to why its in childs best interests. 1) He hasn't seen her in nearly 2 years 2) I want her to have the same surname as my self and her sibling does anybody think this is a good enough argument? I put in the papers for a specific issue order to double barrel my daughters name to include my surname.