changing children's surnames. form c100

dizziblonde

Confusedandneedhelp wrote: »

1: Need fathers permission if he has PR
2: Do the kids need to go through this? Have you ever been known by a previous name questions when their older, for what reason?

The previous name questions are minimal problem really (my surname was changed as a child) - I carry a copy of the court documents changing it along with my birth certificate and just produce both when required, and on the suggestion of the registrar, my marriage certificate has Miss X, formerly known as Miss Y as just an additional paper trail in case it ever proves useful. I worked for years as a supply teacher so needed to produce ID and get CRB checked with monotonous regularity and if anything was likely to prove a problem it would be that kind of circumstances. As long as it's done legally and with a decent papertrail it's not really any issue (apart from I can never spell my ruddy birth surname when I DO get asked for it - it's flipping awful to spell)!

However at the same time, my mum's subsequent marriage didn't work out and he reappeared when I was an adult and made a big thing about "oh I'm so proud you kept my name" to which he got the completely deadpan response "No, I kept MY name" which he had no answer for whatsoever... perhaps moving away from thinking in terms of mother and father's surnames and into terms of thinking in child's surnames is the way forward? I'd requested to change mine as I had a different surname to my sibling and felt somewhat left out as a result - don't think mum would have done it if it hadn't come from my own decision.

It's probably changed lots of times since I did it but I know because my father was incommunicado that we had to do it via court order or something.

bobbieg

I understand all your concerns and appreciate your replys, however as he is an absent father the c100 forms gives me slightly more right which is why I was asking for someone who understand the process who can help with me queries. Legally he does have a say, you are correct, however as there is no way of serving the court papers on him the process is slightly different.
I don't really need to get into the reasons I'm changing the names, they are personal and my decision is made, my children have used my surname for 2 years now I just need to finalise the paper work before I can get their passports.
So putting aside everyone's opinion, can anyone advise me where I can get low cost or free advice / help to compete a court form?. Thanks

FBaby

however as there is no way of serving the court papers on him the process is slightly different.

Why is that? As an attempt been made to find him?

swingaloo

Sorry to come in on this but I cant not post. Please re think this. It may seem a good idea now but for your children its a dreadful thing to do and they may not thank you for it in time. I speak from personal experience.

Why ever the father walked, he is still the father. He may be absent, pay nothing and not give a s--- but in time that may change. It would be the cruelest thing you can do and I mean for the children, not the father. Morally I think its wrong to change the name without the fathers consent as well.

Tiddlywinks

You are doing this for selfish reasons to take away their surname link to their dad. It's a kind of punishment for your ex - you are using the children as a weapon and that's not good.

This isn't for them, this is for you.

Have you even tried to stay in contact or trace him?

Mojisola

bobbieg wrote: »

my children have used my surname for 2 years now

Tiddlywinks wrote: »

You are doing this for selfish reasons to take away their surname link to their dad.

It's already happened in practice although, legally, it shouldn't have.

They will still have their father's surname on their birth certificates (that can't be changed) so they will know what it was and could switch back if they wanted in the future.

TBagpuss

You will not be able to get an order without serving the papers on him. There are some circumstances where a court will accept that service can be deemed, but generally that would mean that other steps which are likely to bring the proceedings to Dad's notice have been taken - for instance, if you had an exchange of text messages with him about the process, or if he and you were facebook friends and you'd sent him deatils that way.

There is quite a lot of case law which goes against a change of names where this is not agreed by both parents, so even if you could get over the issue of not serving him, a court would be very unlikely to grant the order, unless there was a very good reason for the change (such as his having been convicted of a high profile crime.

You may be able to get some help from a law centre (if you live near a university, for instance) but based on what you have said so far, you are extremely unlikely to get the order you want, even if you make the application.

You should not, in fact, have been using a differnt name for your children, but if you are, then you will need to wait until wither you can obtain your ex's agreement to a change, or each child is 16 and can make the change themself with your consent.

If he is not on the birth certificates and does not have PR then you don't need a court order, you need change of name deeds, and nothing more.

Annisele

OP, have you seen leaflets CB1 (guidance on making an application to the family court) and CB3 (guidance on service)? If not, they might help answer your questions. There's a little bit of guidance at the end of CB1 about places that can help you.

I'm not a lawyer (and might very well be wrong), but I think you're going to have serious trouble getting your order through without serving the papers on your ex. Broadly, if the ex has parental responsibility then you must serve him - regardless of how much of a pathetic excuse for a father he is.

There are circumstances where you can get the court's permission not to serve papers on the other people with PR, but effectively you'd be asking for a separate court order to say you didn't have to serve papers with respect to the order you want. I think that would be difficult to do without legal advice (and quite possibly difficult with it).

tinkerbell28

Some of this is such rubbish and I feel people's judgements or opinions, high horses, whatever are clouding their answers.

Op isn't asking your opinion. She's asking about the court form. As he's a dead beat dad, who has not bothered with his kids. She will get a name change through court no problem. PR or not.

CAB will be fine op.

Bollotom

She might not be asking for opinion and it's good you have the knowledge to foresee this. However she is asking for advice on such a complex subject that we mere folk couldn't even begin to answer from a legal standpoint. So everyone should answer "No" and that's it. She will get opinions and comments supporting or decrying her plight. That is what this forum is all about. I think, but don't quote me, a solicitor type person will advise inserting an ad in a couple of newspapers of her intentions with regards to the children. If no response is made within a certain timescale then the court will deem this to be a "Service" on the absent parent. A dad who disappears doesn't deserve any rights and any just court will view it thus. Also can one not get a 30 minute session with a solicitor as a freebie?