Parental Responsibility

speedster

Kimitatsu wrote: »

The court will not take PR away from him and even if she took him to court they are reluctant to allow a change of the childs name as it is to break ties with the NRP.

However, it does not stop the child being known by the mothers new name at school, you find in many cases that the child is known by one name but legally is another.

Had he thought about a comprimise and allowing her to hyphenate them?

have to correct you there.

i had similar with my daughters school. i wrote them a stinking letter informing them of the law that they clearly new f00k all about.

it is in fact, illegal for the child to be known under any other name.

also, if you have PR, then there is s0d all the ex can do about it. if you don't give permission, she'll be breaking the law if she tries.

and don't hesitate to drag the witch to court if she tries or starts with the contact blockin carp either.

Kimitatsu

Ahh speedy but you have answered your own question there! Schools know little about it so it may be illegal but in practice it does happen!

Never once have I been asked for proof of my childs given name when registering them at school, doctors, etc. The form I fill in is good enough.

Now my kids have changed their name by deed poll, with ex's permission but all of the forms for foreign trips come clearly marked with childs name - given name if different.

So unless as an NRP you are going to keep tabs on it and insist that the child has their name, then unfortunately this happens on a regular basis. Dont know if there is any precedence though for the PWC having been fined or penalty given for this practice?

Vomityspice

You might want to consider a 'pre-emptive' strike. Whilst the ex has almost zero chance of getting PR removed , there is nothing stopping her from calling the children by the new 'family' name. i.e. you can call yourself anything you like! as long as your not attempting to deceive.

To stop this you can make a Section 8 application (Children Act 1989) for a 'Prohibitive Steps Order'. The current cost from memory, (Google EX50 for current court application costs) is £175.

Simply, your application would ask the court to stop her from ever attempting to change the name of the children. To be fair, Courts are very keen NOT to change names as it impacts on the children's identities.

So, my advice if you want to stop the ex from persisting with the threats is to make your application.

shell_542

In this case, the father is involved with his children's schooling so he would know if she tried to use another name and could get it corrected. That's the point. It would only work with non resident parents who aren't involved.

JulietAmber_2

It's an interesting point though - next time she threatens to take him to court turn it on it's head and say 'actually, I'm applying to court myself to prevent you from changing their name!'
Thanks for your replies.

romanempire

PR can't be taken away except through adoption. But don't get it confused with 'contact'. You can have one without the other.

As someone else suggested checkout FNF.

R.

bdt1

Ok - my ex of 2 d/s ( we were married) had nothing to do with children from youngest being 2 weeks old (he left me when I told him I was pregnant as he had already met another - victim).

He has only ever seen youngest once ( youngest is now 19). When we divorced he decided he wanted a 'clean break' ie nothing to do with us!!!!! Fine I thought as he kept letting us down when he was supposed to have access.

But when years later I met someone else, married him and had a child to this man, I went to see a solicitor about changing 2 d/s surnames, I did not know honestly where ex or any of his family were as they had all moved. Solicitor deemed that legally as there had been no contact for so mnay years(and divorce stating clean break regarding ex and access to children\) that I could change their surnames - I did so -then many years later when a CSA assessment was performed for original 2 d/s my ex stated he disagreed their surname had been changed from his (he hadn't seen them in 12 years - his choice our door was always open) so for CSA purposes the D/S were known as 1 name but for everything else, our family name. Ridiculous

Sad thing is, 2 d/s now 19 and 20,(still no contact - I have never said bad word about the ex in front of d/s,,,do not ever want repurcussions from children/ex) ex still not seen youngest since he was 2 wks old, when I told him I was pregnant (we were married with 1 child already at that point) he told me to get rid of it or he was off. When I tried discussing things, he didn't want to know, I went to work that day, when I got home he had moved out(I later found out he was mucking about with another lady). I had the baby, he denied he was his etc etc, DNA proved otherwise - I had never been anywhere near anyone to get pregnant except my ex - why would I , I was married to him and loved him

Some people are just awful - to this day as I believe - my ex is in his late 40's a millionaire, yet still never married/had children or lived a fulfilled life, I find that sad(yet he has lived with many many ladies)...My husband and I struggle/have struggled but we love our family life and when times are hard we pull together and go for walks along the beach collecting shells,rather than expensive days out, but the ex (millionaire) still/has pays/paid minimum, probably less than those employed NRP on DEO.

Who ever said what goes around comes around- I only hope for my children the are right

speedster

Vomityspice wrote: »

You might want to consider a 'pre-emptive' strike. Whilst the ex has almost zero chance of getting PR removed , there is nothing stopping her from calling the children by the new 'family' name. i.e. you can call yourself anything you like! as long as your not attempting to deceive.

To stop this you can make a Section 8 application (Children Act 1989) for a 'Prohibitive Steps Order'. The current cost from memory, (Google EX50 for current court application costs) is £175.

Simply, your application would ask the court to stop her from ever attempting to change the name of the children. To be fair, Courts are very keen NOT to change names as it impacts on the children's identities.

So, my advice if you want to stop the ex from persisting with the threats is to make your application.

tosh i'm afraid.

a PSO on this matter wouldn't even be heard. total waste of £180 odd quid.

easier to write to doctors, school etc and "remind" them of the law.

these boards are ok, but please. at least have some knowledge before advising drastic action.............

gratefulforhelp_2

BDT1 As he sows so shall he reap. Don't worry about what goes around comes around, it is a given and you don't need to put any effort in.

It will happen.

Vomityspice

speedster wrote: »

tosh i'm afraid.

a PSO on this matter wouldn't even be heard. total waste of £180 odd quid.

easier to write to doctors, school etc and "remind" them of the law.

these boards are ok, but please. at least have some knowledge before advising drastic action.............

The advice was not about 'reminding' organisation as frankly 'it is not their problem'. I doubt any school would even question a child's change of surname. My advice was to ensure that the ex does not engage in any attempts to change the childrens name.

Not sure why you think this is 'tosh' as I have made such an application and have been successful?? but your entitled to your views.