Obtaining a Court Order for a Child’s Name Change

For a child under sixteen years old to change names, all those holding parental responsibility consent to the name change. Further information on parental responsibility and to find out who holds it please read our page Parental Responsibility.

However, under special circumstances or through a court order, a parent can sometimes change their child’s name without gaining consent from all those with parental responsibility.

Fathers Holding Parental Responsibility Who Do Not Consent to the Name Change

Sometimes a mother wishes to change the surname of her child from the child’s father’s name, to her own. This is usually the case when parents have separated or divorced, and a mother has reverted to her maiden name. A mother could have entered into a new relationship, or since remarried and be operating under her partners surname. A child make take a new surname to establish a family unit where everybody uses one surname or to make matters more straightforward.

If the child’s father holds parental responsibility for the child, he must give consent to the child’s name change. However, this may not be the case if he has been absent for a substantial period. Without the father’s permission, the only way to ensure records such as a child’s passport are updated is with a court order. Such an order permits the child’s mother to seek a legal name change for her child, without the fathers consent. Please read the section below for information on some considerations a court will have when deciding to grant an order. Further, there is information on how to start your application.

Absent Fathers Holding Parental Responsibility

When a child’s absent father holds parental responsibility, problems arise when trying to gain consent for a name change. In this situation, it may be possible for a mother to change her child’s name by Deed Poll without the fathers consent or a court order.

The whereabouts of the father must be unknown. Additionally, the child’s mother must have taken sufficient steps to contact him before making an application for a name change. When you receive your child’s Deed Poll document and begin notifying the relevant organisations, enclose a covering letter giving details of your situation. This should explain your attempts to contact the child’s father and his length of absence. Also include how he is no longer a part of your child’s life. Be sure it mentions the lack financial contributions to the child’s upbringing and other details of a general lack of involvement.

Please note that in a situation where consent has not been obtained, there is a high chance that not all official record holders such as the Identity and Passport Service will accept the name change. For this reason, we advise obtaining a court order when changing the name of a child with an absent father.

The only way to ensure that the name change will be accepted is by obtaining a court order. If the father has been absent for several years, you shouldn’t have any difficulty obtaining a court order giving you permission to change your child’s name without the father with parental responsibility giving his consent. Please read the section below for information on how to apply to the courts.

Considerations When Granting a Court Order

Receiving a court order depends on a variety of factors. However, as in all disputes relating to children, the court keeps the welfare of the child as its paramount consideration.

Contact Between Father and Child

The amount of contact the father and child have is the primary factor in deciding whether a court order is given. If a father maintains regular contact, for example meets up with his son/daughter weekly and acknowledges birthdays etc. it will be far more difficult to convince the court that it is in the child’ best interests to remove his surname.

However, in the case of an absent father the outcome would often be different. A father can be considered absent if he no longer plays any part in the child’s life. This could mean that he has not been in contact for several years. That includes no visits, birthday or Christmas cards, or recognition of any kind.  In such a situation it is far easier to convince a court that with no contact from the father for such a long period of time, it is in the child’s best interests to dissociate from him altogether. Court orders allowing a change of name are then obtained relatively easily.

Contributions Made by the Father

Financial contributions made by the father to the child or child’s mother will also be considered. By being of financial support, the father is playing an active role in his son/daughter’s life and will gain recognition for this. Courts will be less inclined to remove a fathers surname in such cases.

On the other hand, fathers who pay no maintenance cost at all are seen less favourably. Thus increases the chances of a court order being granted.

The Child’s Opinion and Age

Parental responsibility is limited when children reach an age where they have sufficient understanding to make decisions about their future. Such is the case that if a child of fourteen or fifteen years old, feels strongly about the decision of a name change, their views hold substantial weight in a court of law. The primary concern is the best interests of the child. So if they are capable of expressing their own views, they must be taken into account.

While the courts have not identified a specific age at which children are adequately mature, it follows that the older the child, the greater the weight of their opinions. Therefore, if an older child rejects the idea of a name change, it is inadvisable to attempt a court order. In such a case the court will invariably question the motive for the name change.

How to Apply for a Court Order

Many people are wary of seeking a court order and anticipate a difficult and costly experience. However, applying for a court order to change a child’s name is a relatively simple process. The relevant form to complete is at the link below.

Form C100

Once a court order is obtained, the child’s mother can go about a legal change of name for her child. When filling in the application form for a Deed Poll, the child’s mother should apply as if she has sole parental responsibility for her child. This is because by issuing the court order, the court has overruled the father’s rights as regards the name change.

By providing a Deed Poll document showing the child’s change of name along with a copy of the court order, there should be no problems with changing the name on a child records, including their passport.

To change your name...

  • Fill in our online application form
  • Receive your Deed Poll in the post
  • Sign and date your Deed Poll
  • Update records into your new name

We help thousands change their name and receive Excellent Feedback.

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