[Solved] Change of Child's surname enforcement

... Perhaps write her a formal letter letting her know you are aware of the changes that she has made and that she is in breach of the court order by doing so. Ask for a meeting with the school with you both in attendance so that the position can be made clear.

You could ask for an appointment with the head and show them the court order, they won't want to be seen to aid and abet your ex to break a court order and they may well change it back.

If none of this works then you have two options, you can write directly to the court outlining the breach and ask for urgent new directions and an earlier return to court, or you can submit a C2 to add new directions to the existing proceedings

Thanks NJ, kid starts school this year but pi have pre-school report and school registration copy.

I know I can bring it up in the forthcoming review hearing but don't want the judge to dismiss it because I have not submitted an enforcement application or something similar.

Hi halfoyster, this is a bit tricky...

As you have a PSO (well done) your ex can not change the surname by deed poll.

Now your ex can (technically) argue that your child/ren have a preferred name at school without changing the surname - so PSO not breached - do you get my point?

As NJ says, I would contact the school to clarify the child/ren's surname.
Mention there is an undertaking that the child/ren's surname (as per birth certificate) will not be changed.

I would get a letter from the school and armed with the PSO I would raise it at the next hearing in front of the judge and ask for a response from ex (in court) and direction from the judge if enforcement is required...shows you are being reasonable and rational.

I'm not sure it's a PSO, just in terms of the Order , and giving an undertaking to the court not to change the name...but I could be wrong.

I don't think the child's name can be altered , even unofficially, once theres an order in place and specifically as she has given an undertaking.

If you can get it sorted without adding to existing proceedings it would be better for you, but you can still bring it to the courts attention at the next hearing and ask for the judges consideration about a possible PSO as the undertaking has been breached.

Hi NJ...wonderful posts and help (as always).

An Undertaking or PSO can be enforced by HO anytime if breached and both carry penal notices (rarely enforced).

I agree with you that HO does his homework and raises this at court hearing.
Without helping HO's ex (;)) having "preferred-names" is an explanation...

There is no PSO but the current CAO clearly prohibits a change of name. Yes you are all right, with the undertaking and seeing how ex subtly disregards the court order, there might be need for me to mention enforcement in the next hearing. Preferred names are imposed by the resident parents only obviously with biased intentions.

Just unsure if I need to fill an enforcement form separately however thinking if the judge insist, I will ask for a short recess to get the forms completed and fees paid.

Agree with LD and NJ on all of that.

Does the undertaking mention use of 'preferred' names as LD says, technically your ex may not be breaking the undertaking. You can ask the court to specify preferred names are also included in any future undertakings or PSO's to prevent this happening.

Some parents compromise on double barrelled names for various reasons. It can be difficult taking your child through passport control with different surnames, the child might like to identify with both their parents and the court also considers (in the case of male children more often) the line of heritage.

My daughter sometimes uses my maiden name and sometimes her Dad's surname with both of our permission, she's almost 18 though and her reasons are her own - she does a lot of performing, hence changing names when she feels like it.

If you have a review hearing coming up, I would be inclined to add a point on your statement, see if the judge will accept it, and if not apply on the C2 for a SIO as NJ and LD say.

Good luck.

Just unsure if I need to fill an enforcement form separately however thinking if the judge insist, I will ask for a short recess to get the forms completed and fees paid.

HO, please speak with School and get facts straight before the court hearing (keep PN argument in mind).

Advise the Judge that you have reason to believe the ex has undermined the court and deliberately breached CAO by surname changes at the School; following other instances, where ex was previously advised not to do so.

Wait for ex to give an explanation then request Judge to consider the ex to sign a promissory undertaking preventing her from any surname changes in the future & make corrections (with evidence to you) within 7 days.

Follow the judges direction, if he wants you to complete another application or just goes ahead and gets ex to sign the undertaking form...either way I can't imagine the Judge being too pleased with ex.

Thanks all for your responses. It was in line with my thinking, I have submitted a position statement and hinted towards a more watertight order and maybe an enforcement. Whatever happens is now down to the judge, he didn't find it amusing the first time neither did the cafcass officer.