Typically, name changes for children involve a legal process, unless both parents, as named on the birth certificate, and therefore with parental responsibility, agree to the change of name. If both parents are in agreement then this change of name can be done by statutory declaration, deed poll or changing the birth certificate. Once the name has been changed a copy of the new documents would need to be sent to all authorities to make sure all legal documents, passport etc show the new registered name.
Should one parent wish to change the child’s name, without the consent of the other parent, or anybody that has parental responsibility then they would need to make an application to the court. This would be by way of an application for a Specific Issue Order.
The court will typically consider factors such as the child’s best interests, the reasons for the name change, and any objections from the other parent. This will include the relationship between the child and the other parent, the impact the change of name may have on the child, the other parent and equally their relationship as well as illustration of firm and justifiable reasons why the change of name is in fact in the child’s best interests. The court will consider the “welfare checklist” as set out in the Children Act 1989. It should be noted that the courts do not take applications like this lightly and there would have to be substantial reasons for the application and proof that it is in the child’s best interests.
What if you are the father but not named on the birth certificate and therefore do not have Parental Responsibility. In the first instance you can apply for Parental responsibility via the courts if it can not be agreed after which objection to the change of name would be considered. If the other parent has already changed the child’s name without your consent then an urgent application to the court for the change of name to be reversed should be made.
If any of the above relates to a situation you find yourself in then please contact FLPS; We offer supportive, affordable assistance in family law matters and would be happy to discuss matters further with you and how we can help. We also suggest that no matter what has happened or is happening you should remain polite and respectful in all forms of communication and keep a record of all correspondence as this will be required within the court proceedings.
Contact us on info@fl-ps.co.uk or visit our website www.fl-ps.co.uk for more information and we will be happy to chat.