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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Changing childs name

42 replies

pinguthepenguin · 05/01/2008 18:08

I'm posting this on here first, rather than lone parents, as I wanted to gain a wider perspective. Hope thats ok.

I've been running a few threads over the last few weeks regarding my exp leaving when our child was just born. It was (is) still a very painful situation, but I'm working towards trying to deal with the practical aspects of the breakup now.
One of these, is my childs name. Her father and I were not married, although had talked about it. I gave our dd his name when she was born, on the understanding that we would all end up with the same name eventually. He decided to end the relationship literally 2 weeks after we had her registered.

My problem is this: I do not want to go through life with a different surname to my child. I have already been in 2 incidences recently where I had to prove I was her mother ( airport, and hospital). I felt really aggrieved about that and it brought home the reality of the situation. I'm thinking of our future, if I meet soeone else, my dd having a different name to her siblings etc.There are many people who are in this situaiton, and it doesnt bother them- but it bothers me- we are all different I guess.

I know that I cannot legally change her surname without his consent ( he is still involved in childs life), nor would I want to do it like that. I need to make it clear that my reasons behind wanting to change her name are not borne out of spite, revenge, or anything else. I realise he also has the right for his child to share his surname- but I'm the one bringing her up, and so the impact of our different surnames, I imagine, will impact on her and I, more than it would him.

The only option I have is to raise it with him, explain things as I've just done, and hope that he might consent. Things have been pretty bad between us recently, so feel nervous that he may just tell me to get lost, but before I even go there, I want to ask you guys....is this a terrible thing to do?

OP posts:
EmmaJW1976 · 06/01/2008 22:51

Pingu - I don't blame you not wanting his name if that's the case.

I do know a bit about this subject and changing by deed poll - how old is your DD?

discoverlife · 06/01/2008 22:57

Pingu, you could always leave it a year or two, and when he stops the regular contact (as at least 50% of men do IME) you would then have no barrier to changing her name legally.

pinguthepenguin · 06/01/2008 23:11

Thanks for your replys guys.

Emma- she's 6mo. I was told by the sol that I could make an app to the courts to have her name changed, but its unnlikey it would be granted- they're v.big on children maintaining the links with father in that sense.
I think he might consent to letting me add my name to her, as then he wouldnt be removed completely. My preferred option would be to have him removed completely tbh, but I dont think he'll let that happen. I cant beieve I gave her his name, then he f*** off 2 weeks later. Lesson learned.

Discover- I can't really see him withdrawing contact tbh- he's already very over-zealous about her, although I'm pretty sure its more about maintaining his reputation atm.

OP posts:
EmmaJW1976 · 06/01/2008 23:15

Pingu- I would just add your name to hers then if you can. He would need to give consent but if you think he would be willing. You could explain to him the reasons why and why it would be in her best interests.

I'm sorry he left you so soon

Hindsight is a great thing hey

pinguthepenguin · 06/01/2008 23:20

Emma

I had a look at that link. It seems that adding my name to hers is pretty much an informal thing, i.e., its used in everyday situations, but not in an official capacity, i.e. birth certs etc. Seems pretty pointless to me to even bother then.

OP posts:
EmmaJW1976 · 06/01/2008 23:26

I'm sorry I don't know what to suggest.

It's horrible having different surnames from your DC's, I know.

I do feel bad to my DH still having XH's surname there as a middle name, but it keeps my DS1 so happy that it's worth it. Explaining it to people is a bit of a pain though!

My XH was never horrible to us though so it is completely different.

Good luck with whatever you decide. Maybe when things are a bit easier for you with XP, you could have a chat with him and see if you could come to some sort of agreement? I know men like DS's to carry on the family name, but maybe he won't mind so much with a girl?

Sorry if I'm not being much help

yorkishbirdy · 06/01/2008 23:31

I am certain he will have PR as the law was changed recently to ensure that not only married fathers got PR. I think the only qualifier is that the name has to be on the certificate.

You can change her name by deed poll to include both of your names (ie double barrel it) but only with his permission.

You can double barrel your own name without his permission and only use his name in situations that involve DD.

Irritating as it is it is almost certain you will not get leave from the court to change it if he does not want you to.

Sorry to be a harbinger of doom or something but there are not really any way around this (that I know of anyway!)

pinguthepenguin · 06/01/2008 23:44

Emma- you were very helpful, thankyou. Lucky for you to have such an understanding dp!

york- also thankyou. When you say to double barrel dd's name by deed poll, does that mean that it will be official, i.e. in on her p.port and the like? I understood that I could only do that on an informal basis for everyday usage. It seems the best option available to me, so I hope I can do it legally.

OP posts:
mysonsmummy · 06/01/2008 23:47

i certainly know how you feel.

my ds6 was given his fathers name. pretty soon after i realised he wasnt ever going to be a 'proper' dad even if we wernt together. just before he started nursery school (as i did think once he got to school and learnt to write his name it wouldnt be fair to change it then) i went a solicitor and got it changed to mine. his dad the coward he is wrote a letter to agree but the solicitor said it wasnt needed. i remember her saying something about he didnt have PR as the law changed in 2003

however, his dad is just slowly going to start becoming a figure in his live now and he knows what a BIG *uck up he made when now he will never have another child to carry on his family name. shame its took him 6 long years to realise that.

but ds is happy - last thing i wanted was for him to say 'mummy why is my name * and yours is and who is *' and if he wasnt seeing his dads it would have been really hard to answer. for us it was totally the right thing to do.

yorkishbirdy · 07/01/2008 00:04

you can make any name anything with a deed poll and it is official, it has to go on passports etc, the form you sign contains the words "I now completley renounce the use of my former name for any and all uses blah blah" (or something to that effect )

However, you do need to get his permission for this and I suspect you will have to have it in writting - possibly via his solicitor?

pinguthepenguin · 07/01/2008 00:21

yorkish and myson

I'm glad that double-barelling her name would be official, otherwise it would be pretty pointless.
I guess this is my only option, so I'll look into it as soon as I can.

Thanks alot for your help x

OP posts:
yorkishbirdy · 07/01/2008 00:26

Good luck, FWIW, having different names, in the longer term, is not that bad - we have managed for quite some years with no problems at all. It just took some getting used to (ie several years).

madamez · 07/01/2008 00:37

Really just posting to offer you good wishes as you have been given loads of good advice... and also your thread has reminded me to get on with amending DS's birth certificate and surname. He is 3 and has my surname as his dad and I were not on great terms when he was born, however his dad is now a very active and involved dad so we all want dad's name down as the father and the surname to be double-barrelled.

pinguthepenguin · 07/01/2008 01:38

thanks girls x

OP posts:
yorkishbirdy · 07/01/2008 20:33

madamez, I am really glad things have worked out for you all

blushingm · 07/01/2008 20:43

sorry i haven't reas it all but i 'officially' had a double barrelled maiden name but my passport and drivers license was in a different name - i just needed a note from my mum to say that i was known by a name different to that on my birth certificate - my brother did the same - all my school records and medical records were in the name i was known as and not the name on my birth cert - hth

Dixichik · 07/01/2008 21:00

You can change a name by deed pole on line for £19.00. It comes through as a certificate which is then signed by a witness of your choice. I got one on line and used it to change my surname, I have had my passport, driving licence reissued. So it must be legit. Could you do this? It cheaper than going to a solicitor and still legal...

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