“A Surname given to a child at birth is not simply a name plucked out of the air. It is a biological label that tells the world at large that the blood of the name flows in its veins” Lord Jauncey in Dawson .v. Wearmouth.
Are you considering changing your child’s surname?
The legal process of changing a child’s surname requires the involvement and consent of anyone with Parental Responsibility for the child.
Separated or divorced parents are advised to contact the other parent and request their consent to the changing of the child’s surname in writing. Mediation could be considered as an option for some parents.
When / If both parents consent to the change of surname, the process can be completed by deed pole. The application for the enrolment of the deed poll must then be supported by the consent in writing of every person with parental responsibility. Our solicitors can help with this for a fixed free.
If no consent is forthcoming, it might be necessary to submit an application to request the Court’s permission to change the child’s surname.
If an application for permission to change a child’s surname is required then this should be done using Form C2. The welfare of the child would be the Court’s paramount consideration in dealing with the application in addition the Court will have regard to the children welfare checklist contained in Section 1(3) of the Children Act 1989.
However it is worth noting that significant emphasis might not be placed on the children’s wishes and feelings in such an application. The Court does not always provide a mother with permission to change her child’s surnames to that of her new husband in accordance with the children’s wishes and feelings. The fact that a mother does not have the same surname as a child can also be of little consequence.
In other circumstances fathers have not been allowed to change a child’s surname to that of their own.
The Court has allowed a change of surname in some circumstances. For example, where a father was a career criminal and the mother had a deep seated fear that the child was at a real risk of harm if their identity was known and in circumstances where the father was convicted of sexual offences against young girls.
In an effort to compromise, consideration can be given to a name that connects the child to both parents i.e. a double-barrelled surname.
If consent or permission is not obtained but your child’s surname is still changed an application in those circumstances could be made for a Prohibited Steps Order or a Specific Issue Order under Section 8 of the Children Act 1989 or Section 13 of the Children Act 1989 where a Residence Order is in force.
To conclude, the Court will go a long way to protect the connection of the biological link between the parents. It would be for the parent wanting to change the name to demonstrate why this would be in the children’s best interests.
If you are considering changing your child’s surname or your child’s surname has been changed without your consent please contact Karis Jones, a Family Law expert solicitor at Howells Solicitors for advice and guidance on making the relevant application to the Court.
by Tristan Lewis
