Opinions on changing a child's name....

lilymay1

Just after some opinions on this...

Mum has a child from a previous relationship with the surname 'Smith'. She has since married a new bloke with the surname 'Jones' and now uses this. He already has 1 child, also with the surname 'Jones' and they have a new baby due in October who will also have the surname 'Jones'.

Mum wants to add 'Jones' onto her child's name thus making it 'Smith-Jones' however this child's biological dad has said he won't allow the name change.

Mum has it in her head that a judge would rule in her favour but would be expecting legal aid to pay for it. I have no idea how this works...would a solicitor even entertain that idea?

Do you think mum is right to want to double-barrel her daughters name, or do you agree with Dad?

I should probably add, Dad is very involved with the child although the child lives with mum.

pinkshoes

I think the mum is bang out of order and the child should remain Smith.

It's no doubt hard enough for the dad not being resident parent, but demanding to change HIS child's surname to another man's surname is taking the p*ss!

Why doesn't the mum, new man, his child and new baby take the name "smith" if it matters that much?

Shovel_Lad

You and your friend might find this useful.

Changing a child’s name

A child’s name can be changed at any time, provided it is not to deceive or defraud another person. There is no legal procedure which must be followed in order to change a child’s name, providing all the people who need to give their consent have done so. The parent simply starts using the new name. A child’s forename or surname can be changed, names can be added or rearranged.
Although there is no legal way to change a child’s name, you may need evidence that a child’s name has been changed (see under heading Evidence of change of name). However, the details on a child’s birth certificate cannot be changed, except in limited circumstances.
For more information about changing a child's details on a birth certificate, go to the Directgov website at: [URL="http://www.direct.gov.uk/en/Governmentcitizensandrights/Registeringlifeevents/Birthandadoptionrecords/Registeringorchangingabirthrecord/DG_175618]"]www.direct.gov.uk[/URL].
If you are a child or young person under 16 your consent does not have to be given for your name to be changed. However, if you object to your name being changed you can apply for a court order to prevent the change, provided the court is satisfied that you have sufficient understanding of what is involved.
As a child or young person under 16 you cannot change your surname without your parent’s consent.
Once a child’s name has been changed it can be used for all purposes, such as starting school and registering with a GP. However, evidence may be required (see under heading Evidence of change of name).
Who can change a child’s name

Where only one parent or person has parental responsibility for a child, that person can lawfully change the child’s name. Where two or more people have parental responsibility for the child, one of them can lawfully change the child’s name if all the others agree. Such agreements do not need to be in writing.
If there is a residence order in force, a child’s name cannot be changed without the written agreement of anyone else who has parental responsibility or the permission of the court.
For more information on residence orders, see Ending a marriage, Ending a relationship when you're living together or Ending a civil partnership.
This means that where the parents are or have been married, neither can change the child’s name without the consent of the other parent. If the parents have not been married, the mother can change the child’s name without the father’s consent unless he has acquired parental responsibility through agreement or by a court order.
For more information about parental responsibility, see Children at the end of your relationship in Ending a relationship when you're living together or Children at the end of a civil partnership in Ending a civil partnership.


From here:
http://www.adviceguide.org.uk/england/your_family/family/change_of_name.htm

mrsrwallace

Personally if it was me I woud keep the child's name as it is, why change it now? I know a woman who has 3 kids to 3 different dads and every single kid has their dad's surname and the mum has her own so that is 4 different surnames in the one house. Confusing at times I am sure especially at school maybe.

Ms_Chocaholic

How old is the child?
Does the child have any contact with its birth father?

McKneff

Ms_Chocaholic wrote: »

How old is the child?
Does the child have any contact with its birth father?[/QUOTE

OP said.

I should probably add, Dad is very involved with the child although the child lives with mum.

]

mrsj28

:wave: LilyMay

Whilst I can understand the Mum's reasoning I don't think it's fair on the Dad, given that he isl very involved with the child. It must be very difficult for the Dad not to be living with his child and my opinion is that changing the child's name would add insult to injury.

Does the child have a strong opinion on it?

FunWithFlags

I think that the mum is being very selfish. Fair enough if the child never saw her dad and he had no involvement and the new partner was becoming the father figure but it sounds like that's not the case here. What would happen if this relationship fell through? Would the child then be Name Smith-Jones-ManNumberThree?

pinkclouds

lilymay1 wrote: »

Do you think mum is right to want to double-barrel her daughters name, or do you agree with Dad?

I should probably add, Dad is very involved with the child although the child lives with mum.

Unless the child is old enough to have an opinion and really wants to be a "Jones", I'd have considered Mrs Smith, Child Smith, Mr Jones, Child Jones and Baby Smith Jones (middle name, not a double-barrelled surname).

If Dad Smith is still a feature of family life, then I can't see the advantage in changing the child's name. They will still be the Jones family, regardless of the individual names, and the child will still have a dad and a step-dad.

If the "child" is an older teen and wants to take the name "Jones", then I think dad should reconsider his position and discuss it with his child. At the end of the day, kids aren't things you control. They are people and, once they are legal adults, can call themselves whatever they like. If it's an older child, too much wrangling by the parents could end up with Mr Smith, Mrs Jones and Child Bloggs... which neither parent is going to like.

daisiegg

pinkclouds wrote: »

Unless the child is old enough to have an opinion and really wants to be a "Jones", I'd have considered Mrs Smith, Child Smith, Mr Jones, Child Jones and Baby Smith Jones (middle name, not a double-barrelled surname).

Why would it be 'Mrs Smith'? Why would the mother keep her first husband's surname?

To tr OP, I think it would not be fair on the biological father to give the child another man's name. As others have said, wait until the child is old enough and expresses a desire to do that, if that ever happens...

Seanymph

I have deliberately done the complete opposite!

When I had my children I ensured their father came and registered them and gave them his name not mine to give them a sense of belonging to his family and him. To keep that connection. To promote it.

I would never change their name for that very reason - and 15 years after our relationship breakdown they are very much still their fathers children.

I am getting married shortly, and have changed my name twice in the intervening years - but they remain with their fathers name.

I can't abide the desperation to play 'happy families' at the expense of children's identities.

This child has a father - her own father - who remains in contact with her. No matter how much the mother may want to tipp ex him out and put her new choice in place she can't. She has to live with her history, and with the relatives her child has.

I think it's a rotten thing to consider.

(of course if dad is out of the picture and had no contact I'd have a different viewpoint).