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hi guys, after a bit of advice really.my ex of 9 years has just got married and wants to double barrel my daughters surname which im none too happy about as this was thrown at me via text. I have my daughter every weekend and have a CO for PR order via the court (which is broken when ever i dont do as her mum wants) and nothing has ever been mentioned.I dont want to legally change her name but i would be happy for her to have a double barrel one for school (am i wrong to allow this ????) and can we do this ???any info would be great guys thanks
Hi
As you have PR, she cannot legally change your daughter's name without your permission or a court order. However, if you are prepared to accept a double barrelled name, I would say that it's a good negotiating position - either your ex can accept that or she has to go to court to get an order which probably wouldn't be given.
thanks for the heads up i think ill have to phone the school to see if i can have her surname double barrelled without it being legally done if that makes any sense ??
I'm not sure what you need to do to actually agree to this - presumably a letter from you to your ex agreeing to this (but once done, I would think you wouldn't be able to undo it again). I will ask the CCLC if they can comment briefly on this.
Dear Pike
Thank you for your post.
As stated, as you have Parental Responsiblity your consent would be required for a change of your child's surname unless your ex partner obtained a Court Order to do this.
With regards to the school, unfortunately it would be down to their individual policy and proceedure as to whether they would accept a known as name so we would advise contacting them directly for clarification on what they would need to agree to this. We would strongly advise that you make sure that your ex partner is aware that you are only agreeing to the known as name and not to a legal change in surname. Your ex partner can legally change your daughter's surname via Deed Poll if she has your consent to do so.
You mention in your post that the Contact Order is not stuck to. If this is the case you can apply to the Courts for enforcement of the Contact Order. The form required for this is a C79 and this can be obtained from your local Family Proceedings Court or from www.justice.gov.uk. There is a fee of around £200 for this application. Breaching a Court Order is a serious matter.
If we can provide any further legal advice to you please do not hestiate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9-6pm.
Yours sincerely
CORAM CHILDREN'S LEGAL CENTRE
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