need fathers permission to change childs surname?

busiscoming2

You do need fathers permission along with a deed poll to change names on passport, bank accounts and for school exams etc but you can just 'use' another name for general life.

Becles

I've remarried and my sons want to take on their step-Dad's surname so they're they same as him, me and their sister. However ex has parental responsibility and he's refused permission unless I agree to him not paying maintenance.

I didn't agree to that, so the boys are known as our surname in school and day to day life, but officially for passports, bank accounts etc., they are known as my ex's surname. They both plan on changing it officially when they are 16.

I've only been questioned once travelling. That was last year coming back into the UK from Turkey when the passport lady noticed the name differences and wanted to know why the boys were travelling with us. I just said I was their mother and I'd split from my ex and remarried and she was happy with that and let us through.

pd001

Soubrette wrote: »

AFAIK if they were married when your nephew was born then your brother automatically has parental rights whatever the age of the child

Is the above factually correct??

and yes she does need to get permission. However if this permission just means a letter signed by your brother then who is to know if it's a forgery? If he really does not want his son's name changed then he needs get a solicitor involved and make sure that the ex knows he does not give permission.

I have just renewed my children's passports and there is no mention of their father having to sign anything though. However certainly when the girls were younger and we visited family in Canada the girls were quizzed on whether their Dad had knowledge of the visit and they would have preferred a letter saying this. Obviously if there is no contact then this probably isn't an issue.

Fair play to him paying maintenance with no access though - I hope his son appreciates this when he is older.

Soubrette

pd001 wrote: »

Is the above factually correct??

I think so

http://www.direct.gov.uk/en/parents/parentsrights/dg_4002954

I think problems occur if you are a father and not married before Dec 2003.

In this instance they were married when the child was born.

Sou

far2812

This is a really interesting thread - my ex has residency of our daughter and he has changed her name on a day to day basis - double barrelled her surname. Is he allowed to do this?

He is not on the birth certificate (as he was not present at the birth or when she was registered!).

I was just wondering if this is allowed? How will the school refer to her? What is on her birth cert/passport or by whatever name he calls her?

Thanks for advice

muffintop

far2812 wrote: »

This is a really interesting thread - my ex has residency of our daughter and he has changed her name on a day to day basis - double barrelled her surname. Is he allowed to do this?

He is not on the birth certificate (as he was not present at the birth or when she was registered!).

I was just wondering if this is allowed? How will the school refer to her? What is on her birth cert/passport or by whatever name he calls her?

Thanks for advice

Were you married? If so, he has parental responsibility. If not, he doesn't have PR unless he has a residence order, in which case he must have been granted PR.

As for how she is known - he shouldn't change the name unless he has the written consent of every person with PR or the court has ordered that he can do so, or that she shall be known as "Bloggs".

far2812

No we weren't married but he has got a residence order and PR. I have just found out that he has registered her at her school with the name he has given her - not her legal name! Anything I can do?

This is just another thing he is doing to make and change things how he pleases without thinking about anyone else!

GobbledyGook

Has he double barrelled her name to add his on?

My Grandparents did this with my name so I became known as Gemma Dad'sName-TheirName when they got residence/custody of me. It just made it easier as people associated them with me. Much in the same way as Mum's changing the names to their new married ones.

clearingout

am I the only one horrified by this?! Children have an absolute right to know and understand their heritage. With the exception of the violence/muder/rape situations, I can see no justification whatsoever for changing a child's name. If a child chooses, without any leaning on them, to change to a new name because their father is no longer in their life, also fair enough. But really, would you want your ex to simply change YOUR child's name because they had re-married? It's not like there's any stigma whatsoever in coming from a divorce situation, is it? Or even being born outside marriage.

izzybusy23

clearingout wrote: »

am I the only one horrified by this?! Children have an absolute right to know and understand their heritage. With the exception of the violence/muder/rape situations, I can see no justification whatsoever for changing a child's name. If a child chooses, without any leaning on them, to change to a new name because their father is no longer in their life, also fair enough. But really, would you want your ex to simply change YOUR child's name because they had re-married? It's not like there's any stigma whatsoever in coming from a divorce situation, is it? Or even being born outside marriage.

I agree. If and when I ever remarry (looking very unlikely though) I would never even consider changing DD's surname. Thats the name she was born with and is known as; why go through all that upheavel and upset just for the sake of a name. I think if the woman remarries then perhaps she should double barrell her name to incorporate the new surname so her name still links with the child; not the other way around.