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Change childs name by Court order

Hi

I havnt been on here for ages and cant log into my old account so even though I may seem new I'm not.

I was Mollypolly...:)

Anyway my question is "Has anyone changed their child's surname by Court order without using a solicitor"?
My little grandson is now two and his daddy hasn't bothered with him for the last six months and only intermittently before that.
About six months ago he said he would sign a deed pole for the change of name but then got nasty with my daughter and refused to do it.
We have been trying to contact him through texts and facebook but he has his privacy settings on and ignores all messages. We do not know where he is living, just that he has a new girlfriend so is presumably living with her.
My daughter wants to change her sons surname so that when he starts school it will be easier and also whilst he is too young to know any difference.
Is getting a court order easy or would we really need a solicitor.

Any advice would be really appreciated.

Thanks
Mollypolly1956 :happylove:happylove
«13

Comments

  • maman
    maman Posts: 29,978 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bearnard wrote: »
    My daughter is starting school in September on the forms there were 2 boxes 'legal surname' and 'preferred surname'. Your daughter can put whatever name she wishes in the 'preferred surname' box and school will use that.


    :wave:mollypolly.


    I can't answer your question but I would say from experience in my old job that it's not universal that schools allow a 'preferred' surname as it leaves them open to objection from the father.


    Perhaps a visit to CAB?
  • :wave::wave::wave
    Hi maman

    Long time no see xx
    Hope you're keeping well 💓
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you apply to court then the application will need to be served on the child's father, so the fact that you don't know where he is living would be a major problem.

    When he consented to the name change, did he do so in writing? (even in a n e-mail or text) If so, it may be possible for Mum to do a change of name deed which states that she is the mother and that the other person with PR has consented.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    6 months is not going to be enough to satisfy a court I feel.
  • Dill
    Dill Posts: 1,743 Forumite
    Does the father have parental responsibility?

    some information here:
    http://www.ukdp.co.uk/child-name-change-court-order/
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Guest101 wrote: »
    6 months is not going to be enough to satisfy a court I feel.

    I agree if he refuses, I don't think that would be long enough for a judge to agree to it, although he might give him a very hard time about sorting out contact.

    The question is whether he would actually show up? If not, that might be enough to sway the judge.
  • Thank you all for your replies.
    As sods law would have it he has replied to one of my messages today.
    He does have parental responsibility and says he will not give that up and his son is to keep his name as its the only tie they have.
    He asked me if his son is walking and talking and that was it. Never asked to see him at all.
    No birthday card for his second birthday last month. Nothing.
    Waste of space.
    Looks like our little boy is stuck with it.


    Thank you all
    Look after you
    Love Mollypolly xxxx
  • Makes me so glad that I gave all my children my surname. If their fathers had wanted them to have the same surname as him then he should have married me

    Not only this issue but also seems quite commonplace that siblings can have different surnames from each other and their mother a different one still, For example a single parent friend of mine is Jane X, son is John Y and daughter is Jenny Z. Surely it would make more sense for the kids to have her surname?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Makes me so glad that I gave all my children my surname. If their fathers had wanted them to have the same surname as him then he should have married me

    Not only this issue but also seems quite commonplace that siblings can have different surnames from each other and their mother a different one still, For example a single parent friend of mine is Jane X, son is John Y and daughter is Jenny Z. Surely it would make more sense for the kids to have her surname?



    But maybe they didn't want to marry you?


    What have you got to do with their relationship with their kids?


    - im asking as a general point, obviously your circumstances are unique, but the whole marry me or else thing seems odd
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Thank you all for your replies.
    As sods law would have it he has replied to one of my messages today.
    He does have parental responsibility and says he will not give that up and his son is to keep his name as its the only tie they have.
    He asked me if his son is walking and talking and that was it. Never asked to see him at all.
    No birthday card for his second birthday last month. Nothing.
    Waste of space.
    Looks like our little boy is stuck with it.


    Thank you all
    Look after you
    Love Mollypolly xxxx



    I don't know your circumstances, but obviously you had a child with this person, did you offer to arrange some contact?
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