Separation not only means that a child’s family ends up broken, but in some cases, one of the parents will want to change the child’s surname too. Whilst this may be a decision welcomed and understood by the child, often, it can be damaging to a child’s identity. If you or your ex wants to change the child’s surname, what happens? Do you know the law? What happens if you or your ex disagrees with the change of surname?
Why Would Someone Want To Change A Child’s Surname?
Often, children have a family name, especially when the parents are married to each other. When you split up, the child’s mother may want to start using her maiden name again. She may also choose to get remarried at some point. Often, woman like to change the child’s surname with their so that the child can have her new family name.
The Name Changing Procedure
You can appoint a solicitor or McKenzie Friend so help you with a child’s name change. The parent who wants to make the change should ensure that they make contact with the other parent to get permission. In an amicable separation, it is easy to get permission from the other parent as the child’s needs are understood. In other cases however, it is appropriate for the father to ask that the child keeps his surname and in that situation, it is the father’s legal right to oppose the name change.
Changing A Surname Without Permission or When The Other Parent Refuses
If one parent disagrees with a name change, the other parent does not have the right to make the surname change anyway. If the parent makes a change to a child’s name without the consent of the other parent, then that parent can apply to the court to change it back. In making the decision about whether or not the child’s surname should be changed, the court will assess the interests of the child and will make an order based on whether it would be detrimental to the child’s identity to change the surname.
Divorcing Couples
When parents divorce, it is usually the court’s decision to leave the child’s surname as it was when the parents were married, especially if the parents were married for a long time.
Separating Unmarried Couples
You will probably be treated as though you were married if you were living together for a long time before your separation. It is often ruled that the father’s name should be kept to maintain the connection.
If you have not lived together as a family for long or at all, then this could be different. It may be decided that the child should have the same surname as the mother and her new husband and other children in the household if the mother has additional children after the separation. The court call this a sense of belonging. If you are a father who is not registered on the birth certificate, then it is even more likely that the court will favour the mother’s decision.
The best way to deal with a potential change of surname is to try to talk to your ex partner about it. Explain why you think a change of surname is a good idea, or why you would oppose one. If you disagree to the name change, you must be clear in explaining this. If your ex still wants to go ahead with the name change, you may need to go to court so that a judge can decide what is best for the child.
