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PERSONAL LEGAL FAMILY LAW

Child Surname Change

In order to change a child’s surname, you will need to obtain permission from all of those who have parental responsibility for the child. If they are in agreement, then there is no issue. However, if they object, then you will have to make an application to the court. Alternatively, the objecting party could also take legal action to prevent you from changing the name.

If an application is made, a Judge will look at the particular facts of the case, such as the link and contact the child has with each parent, the reason for wanting to change the name (i.e. if mother has remarried and the child now has a different name to the rest of the family) as well as the background of the objecting parent and if it is in the child’s best interests.

If you are in a situation where your ex partner is considering a name change, then please contact us so that we may advise you fully.