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Hi all.
I have a question for any resident legal eagles, relating to a change of name and what the implications for the future would be were it to go ahead.
Basically the childs mother has requested that I agree to the childs surname being changed to a double barrel. HerName-MyName.
I don't want to be unreasonable, overall we have an amicable enough relationship (as much as these ever are). On the face of it, I have no real issue with the change, in and of itself, I've resisted it in the past but times change. I do however have some serious concerns as to what the future ramifications of this could be.
I was never married to the mother but child took my name from birth, that's what the birth certificate said, I have PR and the child stays with me on a regular basis. There have been attempts to change it in the past, letters from solicitors that went nowhere once I responded. However it comes back from time to time, with the mother making threats using various access related points as leverage, arguing with me in front of child etc.
My concerns
- If I agree to a hyphenated name, HerName-MyName, can she drop the second part of the hyphenated name without my consent, down-the-line? i.e -MyName gets cut.
- Can she change the HerName part of the name without my consent, say to that of her new husband?
- Does the order of the double barrelling affect any of this? i.e would I be safe from the first concern if its was MyName-HerName, so you can't cut the first part? And we're talking officially here, passport etc.
- If I get her to sign an undertaking, whereby any further change expressly requires my consent, would it have any weight legally, in court, should she try and get sneaky and do the above?
As I say, I don't want to be unreasonable but I want to ensure that a) my name is always part of the package and b) she can't change the HerName bit to HerNewHusbandsName without my consent.
By way of further background, she has since married and has bred with the new husband, with the offspring carrying a double barrelled HerName-HisName surname (or so I'm told, I've not seen their birth certs). So I can see how it would be nice for them all to have a HerName bit in common. I've also married and bred again, with mine all having my name, so this reinforces my desire to ensure that my name could not be rubbed out, should I agree to this, so that they also share the MyName bit.
I'm leaning toward agreeing to the double barrel, so long as my name goes first. But am I safe to do this, or is my benevolent side getting the better of me? Also, I'd like the undertaking and think she'd go for it, to get 'her-way', seeing as I refused this in the past, but is it actually worth it?
Any insight at all greatly appreciated.
Thank you!
She can't drop the second part without your consent. She wouldn't be able to change it without your consent. The order of the names doesn't affect this. I doubt a signed document would hold any weight particularly as the court would simply be looking at the child's welfare but it wouldn't be necessary as she would need to consent to make any changes anyway - assuming you have PR of course.
As has been said she would need permission to change the name legally, she can however call him by whatever name she chooses informally, but his name would have to remain the same for official documents such as passports.
I know this as my daughter is now using her surname for her son, although my grandson has his fathers name on the birth certificate. My grandsons passport is in his official name.
Signing an undertaking isn't legally binding, although if it were presented in court at any time it would show intent.
Agree with both of the above.....the only way you can prevent her using a known as name at school etc is to have that enforced by a court, you would need to have an order preventing her to do that.
A court rarely gives permission to drop a father's surname or change the existing name unless it will benefit the child.
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