Removing father from birth certificate

MCMitten

His side of the family have absolutely no idea where I live, and they do not know my surname now... Therefore they won't know my son's surname either

Nicki

Weren't they in court when you gave evidence against him? And was the trial not reported including your evidence?

Your full name and address would usually be given in court if you were called as a witness (and be on the police statements which would have been given to the defence in preparation for the trial and any appeal too)

MCMitten

It was a closed court so only the 15 jury members, the defense team, the prosecution team, the judge, a few others that were doing the transcripts, a couple of police officers and my ex was present as each of us separately gave our evidence... They give you the option to not have your personal details such as address etc read out in court. The defense team (his side) are obviously given these details but they are not allowed to disclose them either

Nicki

So you aren't in the UK then? That makes a huge difference to the advice everyone will have given you. Which country are you talking about as there may be someone here who knows the legal situation there. Though you would be better off posting on a forum in the correct jurisdiction.

MCMitten

No i am in the UK... what makes you think I'm not?

Nicki

Because juries in England and Wales have 12 members not 15, and because we don't have "closed" trials as you describe them other than in very rare situations where an application is made to exclude the public and the press, which applications are usually widely reported in the legal press and very rarely succeed. Such extreme blanket orders are usually only in cases involving national security or blackmail to be honest as just about everything else can be dealt with by limiting the matters which can be reported not closing the criminal courtroom completely.

macman

MCMitten wrote: »

Hi all I've not been here for a while, but I really need some help. I've tried contacting a lawyer but there isn't an appointment available for weeks and they want to charge me £80 for the privilege. .. I just need an answer to one question. Can I have my child's biological father removed from the birth certificate in exceptional circumstances? I live in Scotland... Thanks

Start at the beginning...
Scotland's still in the UK, at least until September.
Scottish juries are based on 15 jurors, with a simple majority verdict system-no unanimous verdict is required.

Nicki

Sorry I didn't remember she said she was Scottish but that makes a huge difference. The Scottish legal system is completely different and all the advice which has been given on this thread (not just by me) is under English law. She needs to pay her £80 and get advice from a qualified Scottish lawyer rather than rely on what English posters tell her is the law in England!

MCMitten

As macman has stated, I'm in Scotland. .. The way they conduct court cases are slightly different. In certain sensitive cases they have a closed court in order to protect the witnesses... This means anyone that doesn't need to be in that room while you give your evidence, is not allowed in i.e no reporters, other witnesses or family members etc when it comes to the jury giving the verdict and the judge doing the sentencing, the court is open so anyone can sit in for this part

GobbledyGook

Leaving behind the whys and wherefores for a moment, are you sure that changing his name won't put you in the position of having to tell him everything?

At 14 a change of surname is going to take a fair bit of getting used too. Obviously it is going to depend on your child's level of autism, but that could have a big impact on him. If he is settled now is the change of name going to make that much of a difference to your/his safety that the instability it will bring is worth it?

If you are in Scotland are you aware of how easy it is for anyone to get a hold of your marriage certificate so therefore get a good idea of what your 'new' name would be? (For £15 you can spend the whole day searching records at Edinburgh or glasgow and for less you can apply for one marriage certificate at any register officer).

If your son is finally at a stable point the impact of changing something as massive as his name won't be easy.

One of the things that I spent a lot of time dealing with at my counselling sessions is the feeling that I was 'robbed' of my name. I had anger at both my grandparents (who changed it) and my parents (who were so appalling that distance was needed). It can be a big thing to children. My late-brother insisted on changing his name back when he was 13 because it was "his" name - not just our father's name.

Also if your son is in any danger be careful you do not bring in any complacency that name change = safe.

Good luck x