Obtaining a court order to change sons name by deed poll

Dontknowanymore

Fosterdog wrote: »

I have to say that it might not be the best idea to change his name, I know you say he want's to but he is only 8 so may change his mind later on. Would it hurt anyone to leave his name as it is until he is legally old enough to change it himself?

My cousin took her ex to court to change their kids surnames and she won, the kids wanted it at the time at age 9 and 11. They are now 18 and 20 and are back in contact with their dad and now both want to change back to his name. The oldest boy has said that it's not just his dads name but the family name that he wan't to carry on as he's always been close to his paternal grandparents even though his dad hasn't been around.

On the other hand I have a few friends who never had a dad around and when they were old enough chose to change to their mothers maiden name and are happy like that.

No it wouldn't hurt, and I understand what you are saying but it's what he and I want to do, my son is not close to paternal grandparents, the grandmother sends birthday cards, but lives 6 hours away. The grandfather dies when he was about 19 months old.
He has a 12 year old daughter that he just recently after being in and out of her life TEXT her to tell her that he doesn't want to see her anymore and that she will 'understand' when she is older, he also has 3 other children dotted around the country he does not see, I can't see him doing a turn around any time soon, and at the end of the day if my son wanted to revert to using his name when he is older, he can do so easily enough.

incorrect wrote: »

There is another way, my boys were 7 and 9 and had very little contact with their father and I was the same as you and did not want to just call them by my 2nd husbands name. I saw a local solicitor and we had their names changed by statutory document this was free as it was all done in the kids names not mine and as they were minors and not earning there was no cost involved. The process took around three weeks as far as I can remember.

What about passports?

Janepig wrote: »

Can you not get the school to call him what you want? Does it have to be legally done for them? Obviously you do for the passport, but I'm sure you can tell the school you want them to call him by a different surname. Two girls I know from DD's cheerleading group have recently changed their surnames - their parents aren't together any more and their mum is married again. I've heard that their father has "done something" and as their surname is quite unusual they've changed it to the same surname as their older half sister (are you following?:D) to avoid being linked with him. I don't think it was done legally - my friend who works in their comprehensive school was telling me that they'd changed their name (although didn't say why).

Jx

Yes I can just send a letter and him be called my surname but on anything official, such as school reports it wont be. I mean that is not as important as the passports but I was just inluding it as that is what the secretary told me.
I will just start using my name and go to court and see what they say.

Dontknowanymore

Just thought I would update.
I spoke to the community legal advice team (why I didn't think of this earlier I do not know!) who advised me I need to instruct a solicitor who would try to trace my son's Dad, if no trace can be made then I can apply to the courts for a 'specific order'.
The courts should be satisfied that we have done all we can to trace the ex and grant me the order that I need to change my son's name to mine.

I tried to phone my ex using the last number I had and surprise surprise the line is dead, I wouldn't even know where to begin to find him now, none of his family have heard from him either.
But the solicitors can ask DWP and such places, so maybe they will have better luck!